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The Allahabad HC on Thursday allowed a Petition for divorce filed by the petitioner u/s 13B of Hindu Marriage Act (hereinafter referred to as the 'Act').

The present petition was directed against the order dated 01.02.2021 passed by the Principal Judge, Family Court, in a case instituted under Section 13-B of the Act. The present petition was supported by the joint affidavit of the parties (husband and wife).

The facts of the case date back to 2009 when the parties got married. They have lived together in matrimony for ten years and are living separately since 05.07.2019.

“There are no issues born from the marriage. For more than one and half year, the parties have resided separately. It is also stated that efforts were made to reconcile the differences in their marriage, however, the marriage has irreconcilably broken down. In paragraph nos. 10, 11 and 12 of the affidavit filed in support of the petition, it has been clearly specified that the parties have been living separately for the last three years and they have not met each other since 05.07.2019. They have completely denied any chance of settlement as there is no hope of restoration of their matrimonial life. It is in such circumstances that the parties claim to have filed the joint petition to dissolve their marriage.”  - states the petition.

It is further stated that the Petitioner no.1 (husband) is about 43 years of age and the petitioner no.2 (wife) is about 42 years of age. Also that both the petitioners are educated. The marriage is more than 11 years old and considering their age and their joint affidavit, they appear to well understand the consequence of their actions.

“The Court first directed the counsel appearing for the parties to consult the petitioners and to advise them and impress on them the possibilities of mediation. While in reply, both petitioners have declined any hope of successful mediation, the Court had also interacted with the petitioners. They have stoutly stated that there is no hope for further mediation as earlier mediation proceedings were held using the good offices of certain friends and relatives. It has resulted in the parties reaching a conclusion that their marriage be dissolved amicably as that end would be in their best interests. It also appears that terms of settlement have been reached between the parties though the same have not been expressed in clear terms at present.”- noted the petition.

Taking into account the factual matrix of the case the bench relied upon the SC judgment in, Amardeep Singh Vs. Harveen Singh passed in Civil Appeal No. 11158 of 2017 and observed that,

“…it does appear that the parties have put their minds to the matrimonial discord that clearly exists and have reached a conclusion to dissolve the marriage. Both petitioners are of mature age and appear to have taken an informed decision.”

Also that, the learned trial court have rejected the application to waive off requirement of six months and observed that the petitioner no.2 comes from a small place and that there is no evidence of her being educated enough.

To this the bench replied that, “the observations appear to be incorrect and out of place. Even if the first observation is factually correct, it may not necessarily lead to the conclusion that the petitioner no.2 is unaware of her rights or consequences of her consent. The fact that her family may have come from small place, cannot lead to any inference as has been recorded. If such inferences may be drawn and accepted, they would only give rise to prejudices and biases, which are to be avoided in judicial proceedings. Petitioner no.2 appears to be a mature person who has made her decision.”

Thus, the bench set aside the Family Court Judgment and allowed the petition and observed that,

“In the facts of the present case, it appears, no useful purpose would be served in keeping the parties at hold for a period of six months. They appear to have given enough thought to their situation and the circumstances as also the solution they seek for a happy life for themselves.”

Case Title - Bhuvneshwar Singh v.  Pammi Kumari, 2021

Law point – S.13B of Hindu Marriage Act, 1955