Raj HC | Decree of Divorce granted in light of compromise arrived between the parties

Rajasthan High Court: The Division Bench comprising of Narendra Singh Dhaddha and Mohammad Rafiq, JJ. allowed a decree of divorce which was filed through a joint application under Section 13 B(1) of the Hindu Marriage Act, 1955.

In the present case, a joint application was filed by the husband and wife under Section 13B (1) of HMA, for dissolution of their marriage. Along with this, they also filed an application under Section 13B (2) of the Hindu Marriage Act, 1955 for waiver of the cooling-off period.

Further, the above was filed in the family court and dismissed thereafter. Hence the present appeal has been filed challenging the said order.

Parties stated that the marriage could not be consummated fro inability of the husband and there is absolutely no possibility of the parties living together. In such circumstances, they both started living separately and decided to obtain a decree of divorce.

Counsel on behalf of the parties submitted that the application filed under Section 13 B (1) of the stated Act clearly mentions that the parties have been living separately from last more than 1 year. Further, it has been stated in the application that, wife received all her ‘stridhan’ and dowry articles along with a sum of Rs 15, 00,000 as permanent alimony.

In order to support the above submission, counsel relied on the Judgments of the Supreme Court in Veena v. State (Govt. of NCT, Delhi) (2011) 14 SCC 614; Devinder Singh Narula v. Meenakshi Nangia, (2012) 8 SCC 580 and Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746.

The High Court, on noting the submissions of the parties along with keeping in view the facts and circumstances of the case, stated that, the compromise arrived between the parties persuaded the court to allow the said appeal and therefore the marriage is to be dissolved with immediate effect.[Sachin Gupta v. Ram Kumari Gupta, 2019 SCC OnLine Raj 2402, decided on 22-08-2019]

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