Harpreet Kaur and Paramjeet Singh vs State of Uttarakhand

Prafulla C. Pant, J.—Heard.

This appeal is directed against the judgment and order dated 25.02.2011 , passed by Judge, Family Court, Udham Singh Nagar, in Suit No. 214 of 2010, whereby said court has dismissed the joint petition filed by the Appellants (husband and wife) u/s 13B of Hindu Marriage Act, 1955.

Brief facts of the case, are that, the Appellant No. 1 Harpreet Kaur got married to Appellant No. 2 Paramjeet Singh on 26.01.2008. It is pleaded by them in their joint petition moved u/s 13B of Hindu Marriage Act, 1955, that about one year after the marriage, the relations between the two soured, and they started living separately. It is pleaded that the parties to matrimony (Appellants) were in litigation in criminal cases, and this made it impossible for them to live together in future. The joint petition was presented before the trial court in August 2010 (i.e. after two and half years of marriage). After a period of six months from the date of presentation of Petitioner when the proceedings were again taken up by the trial court, and the parties to matrimony reiterated that they wanted mutual divorce, the trial court dismissed the petition on the ground that they were not living separately for more than one year before presentation of the petition. Hence this appeal.

Learned Counsel for the Appellants filed affidavit before this Court not only of the two Appellants, but also their parents. The affidavit of Nishan Singh (father of the Appellant No. 2) and affidavit of Baba Singh (father of the Appellant No. 1) shows that the two Appellants started living separately since 10.04.2009, when the wife left for her parents house from the house of her husband. Appellants themselves have also filed separate affidavits to this effect.

In the above circumstances, having heard learned Counsel for the parties, and after going through the papers on record, we are of the opinion, all the ingredients required u/s 13B of Hindu Marriage Act, 1955, are fulfilled in the present case, and the Appellants deserve the decree of divorce, prayed by them.

Accordingly, the appeal is allowed. Impugned judgment and order dated 25.02.2011, passed by Judge, Family Court, Udham Singh Nagar, in Suit No. 214 of 2010, is hereby set aside. The joint petition filed by the Appellants before the trial court for a decree of divorce by mutual consent, is hereby allowed. Their marriage is dissolved.