Beena Giri vs Pankaj Kumar

P.K. Deb, J.—A petition has been filed u/s 13B of the Hindu Marriage Act and presented before this Court being I.A. No. 3309 of 2003. Although the petition was filed on earlier occasion but tot day jointly presented the same before this Court. Two spouse are before this Court and on talking to them I could find that there is no scope of any reconciliation between the two as marriage was solemnised long back in the year 1982 and for a very short period they remained together as husband and wife but then they were separated and since 1996 there was no occasion for them to stay together. In the year 1996 itself a divorce case was filed by the husband against the wife on various grounds but the main ground remain regarding physical deformity of the female spouse for which the complain of the male spouse is that there was no scope or possibility for any happy conjugal life. It appears perhaps that no proper coitus could be there between the two and on such allegation there was permanent separation between the two. A divorce decree was granted by the Family Court at Patna in Matrimonial Case No. 186 of 1996. Against that decree an appeal has been preferred. While the appeal was proceeding then due to negotiation carried by the learned Counsel for the parties the spouses have come to a point that they should get themselves separated mutually without bringing allegations against each other and in that way, the present petition u/s 13B of the Hindu Marriage Act has been filed before this Court.

Such sort of petitions are only entertained by the District Court wherein the exclusive jurisdiction of adjudication of matrimonial cases are there. But the present, appeal being in continuation of the Matrimonial Suit i.e. Divorce Suit in the family court, I feel it necessary to end up the dispute between the parties for ever entertaining the petition u/s 13B of the Hindu Marriage Act by this Court. Such sort of matter on previous occasion came before this Court and an order was passed on 17.12.1999 in F.A. No. 2 of 1995 therein also divorce by mutual consent had been granted by this Court taking jurisdiction of the Family Court or the District Court. Reconciliation is totally impossible as the allegations are being brought and almost being admitted which I do not want to reproduce in this order.

The female spouse is residing with her brother and brother''s wife at Patna City while the male spouse is residing at Indira Nagar, Patna and there was no link between the two for at least seven years. In that view of the matter, this petition u/s 13B of the Hindu Marriage Act is being entertained without giving statutory period of six months. Moreover, for the permanent alimony of the female spouse an amount of 80,000/- (Eighty thousand) in the form of bank drafts (1. Issuing bank State Bank of India, No. 275537, date 1.7.2003, for Rs. 40,000/- 2. Issuing bank State Bank of India, No. 991281, date 6.8.2003, for Rs. 40,000/-) has been made over from the side of the husband to the wife and it is ordered that the female spouse should get it in M.I.S. either in the post office or in the bank so that the amount of interest fetched shall be towards her monthly maintenance.

Considering all aspects of the matter and when there is no scope of any conjugal life in future between the spouses, this petition is allowed and divorce by mutual consent is hereby recorded and the appeal stands withdrawn on such order being passed.