Rajesh Moses vs Asha Arthur

G.R. Majithia, J.—The husband had moved an application u/s 10 of the Indian Divorce Act for dissolution of Marriage with the respondent by a decree of divorce. The application was dismissed by the trial Court on March 31, 1987. The husband came up in appeal to this Court against the order of the trial Court.

During the pendency of the appeal, the parties got their marriage registered u/s 16 of the Special Marriage Act, 1954 (hereinafter referred to as the Act) and moved an application in this Court for amendment of the petition for divorce for one u/s 28 of the Act. The amendment was allowed. The parties made their statements in Court on December 13, 1989. They admitted that they had been living separately since June 26, 1986 and that their marriage had been irretrievably broken and there was no possibility of their living together. They also admitted that out of the wedlock, a male child, who was aged 5 years at the time of making their statements, was born. He was residing with the wife. The husband stated that he would not move any court for the custody of the minor child and that the child will be maintained by the wife. After recording their statements, I adjourned the proceedings to July 9, 1990.

After hearing the parties, I am satisfied that the marriage of the parties has irretrievably broken. They have been living separately since June 26, 1986 and under these circumstances, their request for divorce by mutual consent appears to be genuine. They are young. If their marriage is dissolved by a decree of divorce by mutual consent, they can rehabilitate themselves in life.

Consequently, I allow the appeal and dissolve their marriage in accordance with the provisions of Section 28 of the Act. The parties are left to bear their own costs.