Durga Dass vs Swaran Kanta

Swatanter Kumar, J.

This is a petition under Section 13B of the Hindu Marriage Act praying for dissolution of marriage by a decree of divorce on the ground of mutual consent.

The parties were married to each other on 11th April, 1986 according to Hindu rites and ceremony at Jalandhar. A male child namely Neeraj was born from this marriage. However, since 1988 the parties have been living separately and the child is being maintained by the mother. Efforts made by all concerned including reconciliation proceedings in the Court could not prove fruitful in resettling this broken matrimonial home. A petition for divorce under Section 13 of the Hindu Marriage Act was filed by the husband against the wife as back as in the year 1991. Since then they have been litigating in the Court. Vide judgment dated 9th April, 1994, the petition of the husband was dismissed by the learned Additional District Judge, Gurdaspur. It needs to be noticed that earlier the husband had obtained decree against the wife under Section 9 of the Hindu Marriage Act for restitution of conjugal rights on 15th May, 1990. Despite all these nothing but more bitterness has come in this relationship between the parties.

During the pendency of present appeal in this Court, an application for amendment was filed by the husband which was supported by the wife. The amendment was allowed vide order dated 15th February, 1999. The parties have already entered into a settlement wherein a sum of Rs. 80,000/ was paid by the husband as demanded by the wife in settlement of all her claims and demand in relation to maintenance, permanent alimony, Istridhan and dowry etc. She made a statement in the Court that despite seriously pondering over the matter, they have not been able to reconcile themselves. The marriage has irretrievably broken down and there is no chance of reconciliation. Even on earlier occasion, the Court had directed to consider the possibility of reconciliation, but all these attempts proved futile. The joint petition duly signed by the parties under section 13B of the Hindu Marriage Act has been marked ''A'' where it is signed at point ''A'' by the husband and at point ''B'' by the wife and was so exhibited as P.1 in their joint statements.

Resultantly, I am of the considered view that there is substantial compliance of the provisions of section 13B of the Hindu Marriage Act and the parties'' joint request for dissolution of their marriage on the ground of mutual consent is permissible and should be granted.

Consequently, I accept the amended petition and pass a decree dissolving the marriage between Durga Dass and Swaran Kanta by a decree of divorce on the ground of mutual consent. The parties would be bound by the terms and conditions of Exhibit P.1 and, in fact, a sum of Rs. 80,000/ has already been paid in Court by means of a bank draft. However, the parties shall bear their own costs.