Varinder Nath vs Jeewan Jyoti

B. Rai, J.

The appellant and the respondent are residents of Gurdaspur town. Their marriage was solemnised on 10.12.1988 at Gurdaspur according to Hindu rites. After the marriage they lived together at Gurdaspur and cohabited as husband and wife. From the wedlock, a male child namely Bharat was born on 13.10.1989. Thereafter, differences arose between them and it became difficult for them to live together under the same roof as husband and wife. Ultimately, the wife left the matrimonial home on 11.4.1992 without informing her husband and started living with her parents. Ultimately, Varinder Nath filed a petition under Section 13 of the Hindu Marriage Act seeking a decree of divorce on the ground of cruelty. The petition was filed on 3.6.1992.

On contest by the wife, the petition was dismissed by the learned District Judge, Gurdaspur vide judgment and decree dated 24.5.1994 with costs which were assessed at Rs. 500/.

Feeling aggrieved, Varinder Nath filed F.A.O. No. 96M of 1994. In response to the notice of motion issued by this Court, Jeevan Jyotirespondent put in appearance. During the pendency of the appeal both the parties mutually consented to seek a decree of divorce under Section 13B of the Hindu Marriage Act. It has been stated in the petition that the appeal is pending for the last about four years. During the pendency of the appeal both the parties realised that they could not live together under one roof and ultimately they decided to part company. Varinder Nath agreed to pay an amount of Rs. 3,75,000/ as permanent alimony on account of maintenance of his wife and son who is living with her. Rs. 2 lacs had already been paid. It was further agreed that the remaining amount of Rs. 1,75,000/ will be paid before the Court and the son will remain with Jeevan Jyotirespondent and that Varinder Nathhusband and father of the son will not claim custody of the son. They have further mutually agreed that in future there will be no matrimonial litigation amongst them and all pending cases will stand dismissed as withdrawn and that neither of them will have any objection to the marital status of each other after the decree of divorce. A prayer has also been made that the statutory period of 6 months for keeping the petition for divorce with mutual consent pending, in view of the long drawn litigation and in the facts and circumstances of the case, may be waived off. Husband and wife both have further prayed for the grant of a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act.

As stated earlier the marriage between the parties was solemnised according the Hindu rites on 10.12.1988. After that, Jeevan Jyoti gave birth to a son on 13.10.1989. In the month of April, 1992 she left the company of her husband Varinder Nath without any intimation to him and started living with her parents and never returned to her matrimonial home. The parties are litigating for the last more than four years. Therefore, there appears no reasonable cause to keep the petition pending for a statutory period of six months. From the facts and circumstances of the case it is clearly made out that it has become very difficult for both the parties to live together as husband and wife under the same roof. Therefore, the condition for keeping the petition pending for a statutory period of six months is waived off. Separate statements of the parties have been recorded. While making statements, both the parties have reiterated the averments contained in their joint petition under Section 13B of the Act. We are satisfied that they have made the statements without undue influence, coercion or any other pressure.

From the facts and circumstances of the case we are satisfied that parties to the petition have reached a stage from where it is difficult for them to retrace their steps and lead a happy married life with each other. The marriage between the parties is almost a broken marriage and there are no chances of reconciliation between them. Therefore, we are of the view that grant of decree of divorce under Section 13B of the Act, would be in the interest of both the parties. They are in such an age group that they may go in for second marriage and settle in life afresh. Therefore, petition under Section 13B of the Act, is allowed. The marriage of Varinder Nath and Jeevan Jyoti is hereby dissolved by grant a decree of divorce. Smt. Jeevan Jyoti has received an amount of Rs. 3,75,000/ on account of permanent alimony for the maintenance of herself and that of her son. She shall not be entitled to claim anything more on account of maintenance. The son shall remain with the mother and the father will not claim his custody during the minority of his son namely Bharat. All the cases pending in the Courts shall be treated to have been dismissed as withdrawn. We order accordingly. F.A.O. No. 96M of 1994 and petition under Section 13B of the Act stand disposed of.