Jatinder Singh vs Smt. Sonia

Swatanter Kumar, J.—Shri Jatinder Singh filed a petition u/s 13 of the Hindu Marriage Act, 1955 for dissolution of his marriage which was solemnised with Sonia on the ground of special mental cruelty. The petition was contested by the wife. The petition of the husband was dismissed with costs. Being aggrieved husband Jatinder Singh preferred the present appeal against the judgment of the Additional District Judge, Chandigarh dated 10.10.1995. There is no dispute to the fact that the parties were married on 22.2.1992 at Amritsar as per Sikh rites. The parties lived together for a short time. In the year 1993 the petition for divorce was filed. On 6.2.1998 during reconciliation proceedings both the parties to this appeal had made statements that their marriage should be dissolved by a decree of divorce on mutual consent. Terms and conditions agreed between the parties were duly recorded in their statements on 6.2.1998. Time was granted to the parties to take steps in accordance with law in that behalf and to reconsider the matter from all aspects.

An application under Order 6 Rule 17 CPC was filed being CM. No. 3062-Cll of 1998 praying that the original petition be ordered to be amended and converted into a petition u/s 13-B of the Hindu Marriage Act. This application was allowed by order of the Court dated 28.4.1998 directing that the amendment shall relate back to the filing of the petition. On 28.4.1998 again statements of the parties were recorded on oath. The parties reconsidered their decision to dissolve the marriage and rule out the possibility of any reconciliation. They further make specific request to the Court that their marriage has broken down irretrievably. There is no compatibility between them and there is no chance of their living together even again as husband and wife. They further made statement that they never lived together since 1993 till today.

In the statement of husband Jatinder Singh, the following portion of his statement would be relevant as recorded in Court :-

"Even from Feb. 1998 till today and, in fact, right from the institution of the filing of the petition in the year 1993, various attempts of reconciliation have failed and we have lived separately since then and have never cohabited since then together as husband and wife. I have considered the entire matter. There is no possibility of reconciliation. I submit that a final decree of dissolving our marriage by a decree of divorce on the ground of mutual consent be passed by the Hon''ble Court subject to the following conditions :

(i) I have already paid a sum of Rs,5 lacs by bank draft in terms of my statement dated 6.2.1998 in full and final settlement of my liability towards my wife.

(ii) As the payment has already been made, she has no claim over any of my or my family property in any manner whatsoever on account of maintenance, permanent alimony, return of dowry or any other claim arising therefrom.

(iii) I have already withdrawn the allegations made by me in my divorce petition against my wife unconditionally and with sincere regret.

(iv) The proceedings arising out of FIR No. 78 of 1993, Police Station ''A'' Division, Amritsar, which are subject matter of the proceedings in Cr. Misc. No. 15674 of 1994 have already been withdrawn by my wife and the FIR stands cancelled and proceedings in that regard stand closed.

(v) All items which were lying in the police station have already been returned to the wife. As the above conditions in furtherance of our agreement dated 6.2.1998 and 10.2.1988 have "''ready been complied with, final decree dissolving out marriage may kindly be passed u/s 13-B of the Hindu Marriage Act."

This statement was accepted by the wife and relevant" portion of the statement of wife reads as under :-

"I have heard the statement of my husband recorded in Court today. We have not lived together as husband and wife even prior but certainly not after 1994. There is no possibility of our reconciliation. We have considered and reconsidered the decision to dissolve the marriage which I reiterated in Court today.

The terms and conditions stated in the statement of my husband have been fully complied with. I have no claim against my husband now as the entire amount has been paid. My articles have been returned to me.

I pray that our marriage be dissolved by a decree of divorce on the ground of mutual consent without any order as to costs."

From the above narrated facts and statements of the parties recorded in Feb., 1988 and then in April, 1998, it is clear that the parties enjoyed married life for a few months and they have been litigating in Court now for the last nearly six years. This is the case where the marriage has really broken down irretrievably and there is no chance of reconciliation and resettlement of their matrimonial home. They have been living separately since 1993 and since then they have not cohabited together as husband and wife. I see no reason why these two unwilling partners who hate each other, should be forced to be bound for solemn matrimonial bond for rest of their life against their wish and will.

As the amendment has been allowed, it would relate back to the filing of the original petition, as such period computable is from the date of the presentation of the petition. Terms and conditions have already been settled and the parties were duly acting upon the terms and conditions agreed between them. Nothing survives which should justify the continuation of any litigation between them. I am satisfied and more particularly in view of the agreed terms and conditions that the marriage between the parties should be dissolved by a decree of divorce on the ground of mutual consent. Consequently, this appeal is accepted. Decree as aforestated for dissolution of the marriage on the ground of mutual consent is passed. Decree so drawn shall incorporate the terms and conditions aforestated. There shall be no order as to costs.