Nirmala Devi vs Gurvinder Singh

R.S. Mongia, J.

Appellant Nirmala Devi was married to respondent Gurvinder Singh son of Bhajan Singh on June, 15, 1992, in village Chowki, Post Office and District Panchkula, in accordance with Hindu rites. There has been no issue out of the wedlock. It is the case of the parties now that from the very beginning of the marriage, there were bickerings between them. They found that they were not temperamentally compatible to each other. Since April, 30, 1993, the husband and wife have been staying separately from each other and there has been no cohabitation between them. The appellant had filed a petition for grant of decree of divorce under Section 13 of the Hindu Marriage Act on July 27, 1993, in the Matrimonial Court at Ambala on various grounds. However, the said petition was dismissed on January 12, 1996. The present appeal (F.A.O. No. 87M of 1996) was filed against the order. During the course of proceedings in this Court, the parties decided to get decree of divorce by mutual consent. A Civil Misc. application was moved to convert the proceedings under Section 13 of the Hindu Marriage Act to one under Section 13B of the Act. That application has been allowed vide our separate order of even date and a joint petition under Section 13B of the Act moved by the parties has been taken on record. It has been prayed that the compulsory waiting period under Section 13B(2) of the Act be reckoned from the date of the filing of the petition under Section 13 of the Act, i.e., July 27, 1993. The parties have not stayed together since April 30, 1993, and there is no likelihood of their reconciling.

Statements of the parties were recorded. They have stated that since they have found that there is no likelihood of any reconciliation, it is in the interest of both the parties to get divorce by mutual consent. It has further been stated that all issues pertaining to dowry, Stri Dhan etc. have been resolved and none of the parties in the case would have any claim against each other regarding permanent alimony/maintenance or claim against each other''s property on any count. It has further been stated by the appellant, Nirmala Devi, that it has been agreed that her fatherinlaw, who had filed a suit for recovery of Rs. 10,000/ against her and her father and brother, which is pending in the Court at Panchkula, titled as Bhajan Singh v. Bhim Singh etc. would be withdrawn. Even the respondent agreed that his father would withdraw that suit.

After hearing learned counsel for the parties and going through the statements of the parties, we are of the view that it is case of broken marriage. There is no issue out of the wedlock. The parties are staying separately since April 30, 1993, and there is no likelihood of reconciliation. Both the parties are in the age group of 2122 years. They being young the possibility cannot be ruled out that they may get remarried and may settle in their new matrimonial homes. If the parties are not granted divorce, we are of the view that it will be unnecessarily prolonging their agony and litigation.

For the foregoing reasons, we allow the petition under Section 13B of the Hindu Marriage Act and grant the decree of divorce to the parties by mutual consent. Since the parties have decided to get the decree of divorce by mutual consent, wherein one of the understanding is that suit by Bhajan Singh father of the respondent, Gurvinder Singh, for recovery of Rs. 10,000/ from the appellant, Nirmala Devi, her father and her brother would be withdrawn, the Civil Court at Panchkula would see to it that the suit is withdrawn as amicably settled by the parties before us. As stated by the parties, they would not be entitled to claim anything from each other regarding dowry, Stri Dhan or any other claim against the property of each other. Let a decree sheet be prepared.

F.A.O. stands disposed of accordingly.