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Himachal Pradesh High Court · body

2019 DIGILAW 626 (HP)

Minerva Singh v. Ramvir

2019-05-27

SURESHWAR THAKUR

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JUDGMENT Sureshwar Thakur, J. - The instant appeal is directed by the aggrieved, respondent, in HMA No. 5-S/3 of 2016/14, whereon the learned District Judge, had, rendered a verdict in the affirmative, vis--vis, the petitioner therein, and, had hence dissolved the marriage interse the contesting litigants. 2. During the pendency of the instant appeal, both the contesting litigants have moved a joint application, cast under the provisions of Section 13B of the Hindu Marriage Act, read with Order XXIII, Rule 3, and, under the provisions, of, Sections 95 and section 151 of the Code of Civil Procedure, 1908, seeking there through, the conversion of the afore Hindu Marriage Petition, preferred before the learned District Judge, into a petition hence seeking dissolution of their marriage, through, a rendition of, a, decree of divorce by mutual consent. The appellant has appeared in person today, and, testified on oath, under a duly recorded statement in writing, and, which stands signatured by her, qua a conjoint application being moved by her, and, by the respondent, bearing CMP No. 4533 of 2019, and, thereon her signatures in blue circle, and, at point "A", thereof rather standing borne, besides also the sworn affidavit Ext. AW2/B, bearing her signatures, in blue circle, and, at point "B" thereof. Likewise, the respondent has appeared in person today, and, testified on oath, under a duly recorded statement in writing, and, which stands signatured by him, that a conjoint application standing moved by him, and, by the appellant, bearing CMP No. 4533 of 2019, and, thereon his signatures, being carried, hence, in blue circle at point "C", and, also the sworn affidavit bearing Ext. AW2/B, also bearing his signatures, in blue circle at point "D". 3. AW2/B, also bearing his signatures, in blue circle at point "D". 3. The afore conversion of the afore Hindu Marriage petition, into a petition, cast under the provisions of Section 13-B, of the Hindu Marriage Act, and, thereafter this Court being constrained, to make an affirmative decree thereon, is both permissible, and, also does not preclude this Court, to exercise rather jurisdiction thereon, as, the Andhra Pradesh High Court, in a verdict rendered in case titled as " K. Omprakash vs. K. Nalini, reported in AIR 1986 Andhra Pradesh, 167 , and in paragraph-7 thereof, hence has validated, the afore conversion, even when, an appeal is preferred, before this Court, against the apposite verdict, made, in a Hindu Marriage petition, by the learned District Judge concerned, paragraph whereof is extracted hereinafter:. "7. It may be noted that the parties are not only agreeable to an instant divorce but even eager and anxious to have such a decree of divorce by mutual consent here and now. The question then is whether Section 13-B(2) o the Hindu Marriage Act under which divorce by mutual consent can be granted, permits the granting of such decree of divorce in this case?" 3. Furthermore, in paragraph-10, of the afore verdict, paragraph where of is extracted hereinafter: "10. For all the above reasons, we are of the opinion that Section 13-B(2) of the Hindu Marriage Act should be read as directory only. Section 13(B)-2, no doubt cautions the Courts of its duty to fight the last ditch battle to save the marriage; but when the Court is fully satisfied, on the basis of the proved facts, that in the interest of justice, of the society and the individuals marriage tie should be put as under immediately, Section 13-B(2) does not impose any fetter on the powers of the Court to grant instant decree of divorce. At any rate, we are clearly of the opinion that the time-table fixed by Section 13-B(2) does not apply to an appellate Court. That great Telugu poet Vemana said that the broken iron can be joined together, but not broken hearts. Parties have been living apart for long and their wedlock has now virtually become a deadlock. Chances of reunion had completely faded away. In these circumstances, we think it just and proper to grant a decree of divorce straightway. That great Telugu poet Vemana said that the broken iron can be joined together, but not broken hearts. Parties have been living apart for long and their wedlock has now virtually become a deadlock. Chances of reunion had completely faded away. In these circumstances, we think it just and proper to grant a decree of divorce straightway. Accordingly we pass a decree of divorce declaring the marriage between the appellant and the respondent as dissolved with immediate effect. Therein also a valid jurisdiction, is, vested in this Court, to not proceed, to not make any insistences qua a period of six months, hence elapsing rather since the preferment of the instant petition, before this Court, rather, the rigor, of, the afore trite canon, being amenable for relaxation, upon, hence material surfacing rather personificatory qua (i) the lack of willingness of the parties to re-unite their matrimony (ii) and, irretrievability of their marriage. Since, in consonance therewith hence exist echoing(s), in, the testification(s), rendered on oath, by both the contesting parties, (ii) thereupon this Court shall not insist, upon, the parties, that a period of six months, being ensured, to elapse since the preferment of this petition, before this Court, for, there through their marriage, being nowat anulled. Consequently, the application is allowed, and, the matrimony interse the contesting litigants, is ordered to be dissolved, by, a rendition, of, a decree of mutual consent. It is made clear that the parties, in consonance, with their testification(s) rendered on oath, are permitted to withdraw the allegations raised against each other. Also, in consonance with their testification(s), rendered on oath, the parties shall not embroil each other as well as their respective family members, in any litigation, in future. The afore order and the afore exhibits, shall all form part and parcel, of, the decree. 4. In view of the afore, the appeal is allowed and the decree is modified to the extent above. The decree sheet be prepared accordingly. All pending application(s), if any, are also disposed of.