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2024 DIGILAW 301 (UTT)

Arun v. State of Uttarakhand

2024-05-02

RAKESH THAPLIYAL, RITU BAHRI

body2024
JUDGMENT : (Ritu Bahri, CJ.) : Petitioner – Arun, as well as Sanjana, are present in the Court today. 2. On a specific query put to Sanjana, she says that she does not want to go back and stay with the petitioner Arun, and that their marriage was solemnized in February 2024, and now she is staying with respondent No. 5 – Sachin. 3. Respondent No. 5 – Sachin is also present in the Court today. 4. Petitioner – Arun and Sanjana have interacted with each other, and they have decided that Sanjana will give divorce to Arun (petitioner) under Section 13B of the Hindu Marriage Act. 5. Accordingly, this Habeas Corpus petition is suo motu being converted into a petition under Section 13B of the Hindu Marriage Act. 6. Petitioner – Arun has filed an affidavit dated 02.05.2024. As per said affidavit, his marriage was solemnized with Sanjana d/o. Mani Ram on 28.02.2024, as per Hindu rites and rituals. It has further been stated in the affidavit that Sanjana is present in Court, and she refused to return to the matrimonial house, and refused to live with petitioner - Arun, and as such, he is ready to dissolve the marriage by a decree of divorce, and Sanjana also gives her consent for dissolution of the marriage between the parties. 7. Sanjana has also filed an affidavit dated 02.05.2024, which has been placed on record. Sanjana, aged 18 years, has stated that she has solemnized marriage with Arun on 28.02.2024. She further states that she had performed the marriage under pressure of her parental family, and she was in love with respondent No. 5 – Sachin. She left the matrimonial house and eloped with Sachin, and now residing with him. No one has abducted her. She wants to stay with Sachin. She will not claim any maintenance/alimony from the petitioner - Arun, and she will not claim any right over the property of petitioner of his family, and will never initiate any criminal or civil proceedings against the petitioner or his family. She is ready to dissolve the marriage by decree of divorce, and gives her consent for dissolving the marriage between the parties. 8. As per the affidavits given by both petitioner – Arun and Sanjana, they have agreed to give divorce to each other, and Sanjana is not claiming any maintenance/alimony. She is ready to dissolve the marriage by decree of divorce, and gives her consent for dissolving the marriage between the parties. 8. As per the affidavits given by both petitioner – Arun and Sanjana, they have agreed to give divorce to each other, and Sanjana is not claiming any maintenance/alimony. She has also stated that she will not initiate any criminal or civil proceedings against the petitioner - Arun or his family. 9. Keeping in view the above affidavits, the marriage between Arun and Sanjana is hereby dissolved by a decree of divorce under Section 13B of the Hindu Marriage Act by way of mutual consent. Cooling period of six months as provided under Section 13B(2) of the Hindu Marriage Act is hereby waived off. 10. Sanjana is free to accompany respondent No. 5 – Sachin, and to stay with him. 11. The matter stands disposed of accordingly.