Megha Nautiyal vs Deepak Barthwal

Ritu Bahri, CJ

1) Both the parties are present in the Court today.

2) The appellant-wife has come up in appeal against the judgment and decree dated 22.05.2023, passed by Additional Judge, Family Court, Rishikesh, Dehradun, in O.S. No. 233 of 2021, titled as ‘Smt. Megha Vs Deepak Barthwal’, filed under Section 13 of the Hindu Marriage Act, whereby the divorce petition filed by the appellant has been dismissed.

3) Both the parties are not disputing the fact that the marriage between them took place on 18.11.2018, and they are living separately since 22.08.2020. Both the parties mutually agreed to give divorce to each other under Section 13B of the Hindu Marriage Act. The appellant-wife states that she does not want any permanent alimony since both of them are staying separately since 2020, and almost three and a half years have gone by now.

4) It is a dead marriage. Both of them are young and they have to proceed in life, and since they have decided to part their ways of life, the present appeal under Section 19 / 28 of the Family Courts Act is suo motu converted into petition under Section 13B divorce petition of the Hindu Marriage Act.

5) Both the parties have filed their respective affidavits dated 27.06.2024 in the Court to this effect. The same are taken on record. Since both the parties have now mutually agreed to give divorce to each other, and the appellant-wife does not want any permanent alimony from the respondent-husband, it will be in the interest of justice that marriage between the parties be dissolved by granting a decree of divorce to them.

6) Consequently, the petition under Section 13B of the Hindu Marriage Act is allowed. The marriage between the appellant and the respondent is hereby dissolved by a decree of divorce on the conditions agreed between the parties.