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2019 DIGILAW 508 (GAU)

Kinkar Paul v. Dipernita Paul

2019-04-25

A.K.GOSWAMI, A.S.BOPANNA

body2019
JUDGMENT : A.S. Bopanna, J. Heard Mr. MA Sheikh, learned counsel for the appellant. Also heard Mr. R Doley, learned counsel for the respondent. 2. The instant appeal is filed by the husband assailing the judgment dated 27.3.2018. The admitted position is that marriage between the parties was solemnized on 9.7.2011. Due to certain marital disputes, they had been residing separately and in that stage, the appellant husband filed the petition under Section 13 of the Hindu Marriage Act, 1955 in FC (Civil) Case No.604/2013 before the Family Court No.II, Kamrup, Guwahati seeking a decree of dissolution of marriage. The Court below after considering the rival contentions had dismissed the petition. It is in that light, the instant appeal is filed. 3. During the pendency of this appeal, as per the mutual settlement amongst themselves, the parties have arrived at the conclusion that no fruitful purpose would be served by continuing the relationship. Accordingly, on the terms agreed amongst themselves, they have consented to the grant of decree of dissolution. 4. In that view, an affidavit outlining the nature of the settlement entered into between the parties, is filed before this Court. In terms thereof, the appellant husband has already paid the permanent alimony of Rs.22 lakhs and the respondent wife has consented to the dissolution of the marriage. 5. While taking note of the said affidavit, we have taken into consideration the oral request made by the learned counsel for the parties to treat the petition filed before the Court below as one arising under Section 13(B) of the Hindu Marriage Act, keeping in view the nature of compromise entered into between the parties. In that regard, a prayer is also made to exercise the discretion of this Court to waive the waiting period as provided under Section 13(B) of the Hindu Marriage Act. 6. To that extent, we have taken note that the marriage between the parties was solemnized on 9.7.2011. In the affidavit presently filed before this Court, the parties have sworn the fact that they have been residing separately from the year 2012. In addition, it is seen that the petition originally filed before the Court below was on 19.8.2013. 6. To that extent, we have taken note that the marriage between the parties was solemnized on 9.7.2011. In the affidavit presently filed before this Court, the parties have sworn the fact that they have been residing separately from the year 2012. In addition, it is seen that the petition originally filed before the Court below was on 19.8.2013. In such situation, when sufficient time has elapsed and there has been no possibility of reconciliation, no purpose would be served by once again directing the parties to spend the period of 6 months to consider as to whether there would be possibility of reconciliation. 7. In that view, we find it appropriate to waive the waiting period and consider the affidavit as filed under Section 13(B) and proceed further in the matter. 8. In that light, having taken into consideration the statements made in the affidavit, we have also taken note of the agreement dated 30.10.2018 entered into between the parties. The parties have concluded that the marriage is to be dissolved and accordingly, the permanent alimony as agreed to be paid in installment has also been paid. It is further taken note that in view of the terms being agreed between the parties and the respondent wife having received the entire amount of alimony as well as the stridhana properties, she has already withdrawn the petition being CR Case No.274 (S)/2014 which was pending before the Chief Judicial Magistrate, Shilling wherein she has sought for payment of maintenance. 9. In that circumstance, when all terms of the compromise have been complied, it is appropriate that the judgment and decree of dissolution of the marriage be granted. In that view, the judgment dated 27.3.2018 passed in FC (Civil) Case No.604/2013 is set aside. Consequently, on treating the petition as one under Section 13(B) of the Hindu Marriage Act, the same is allowed. Consequently, the marriage dated 9.7.2011 performed between the parties on Lower Barapathar, Shillong, Meghalaya shall stand dissolved. A decree shall be drawn accordingly. The appeal is disposed of in the above terms.