Seema Khatri vs Deepal Dhandhra

This appeal has been filed by appellant-Ms. Seema Khatri challenging the order dated 14.5.2019 passed by Family Court No.2, Jaipur. Parties jointly filed a petition under Section 13-B of the Hindu Marriage Act, 1955 on 23.4.2019 before that Court to seek decree of divorce by mutual consent.

It was contended in the application that their marriage was solemnised as per Hindu customs and rites on 12.2.2016. Differences arose between them and despite efforts made by the elders of the family and members of the community, their disputes could not be sorted out and therefore they decided to live separately and since 16.2.2017, they are staying at different places and their marriage has reached at an irretrievable break down. It was contended that while the appellant is staying at Jaipur with her parents, the respondent is residing with his parents in Gandhi Nagar, Gujarat.

The learned Family Court has by the impugned order observed that petition under Section 13-B of the Act was filed on 24.4.2019. Parties have relied on the judgement of the Supreme Court in Amardeep Singh vs. Harveen Kaur, Civil Appeal No.11158/2017 (SLP No.20184/2017) dated 12.09.2017, wherein relaxation has been granted from the cooling period of six months. But since the period of six months has not expired from the date of filing of the petition before the Family court, during which the efforts for mediation/conciliation have to be made between the parties, the Family Court has deferred the hearing of the petition to 6.11.2019 while rejecting the application of the parties to waive the cooling period of six months by impugned order.

Parties are present in person. Despite counselling by this Court, they are adamant on obtaining the decree of divorce. Appellant present in person has submitted that she is Quality Analyst working in a private company and self sufficient and can maintain herself on her own. Therefore, she does not need any permanent alimony from the respondent. The respondent present in person has also submitted that there is no possibility of disputes between the parties being resolved, therefore, they be granted decree of divorce by mutual consent. They fairly admit that there is no other case pending between them. Both the parties have been identified by their respective counsel and they have signed the proceedings of the Court.

Learned counsel for both the parties pray that after waiving the cooling off period of six months, this court may pass a decree of divorce on mutual consent keeping in view the fact that their marriage has reached the stage of irretrievable break down, and the application under Section 13(B) of the Hindu Marriage Act pending before the Family Court be also allowed. In support of this submission, learned counsel relied on the judgments of the Supreme Court in Veena Vs. State Govt. of NCT, Delhi & Anr., (2011) 14 SCC 614, Devinder Singh Narula Vs. Meenakshi Nangia - (2012) 8 SCC 580, and Amardeep Singh Vs. Harveen Kaur - (2017) 8 SCC 746.

In Amardeep Singh, supra, the Supreme Court laid down that since the cooling off period mentioned in Section 13-B(2) is not mandatory but directory, it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.

In view of the compromise arrived at between the parties, we are persuaded to allow the appeal. The appeal is accordingly allowed. The impugned order dated 14.05.2019 of the Family Court No.2, Jaipur is set side. The cooling off period of six months is waived. The marriage between appellant-wife and respondenthusband is therefore dissolved by mutual consent with immediate effect in terms of the compromise entered into between the parties. The Application No.575/2019 filed by both the parties under Section 13-B of the Hindu Marriage Act, 1955 and pending before the Family Court No.2, Jaipur, is accordingly allowed. Decree of divorce be prepared accordingly.