Kiran Vs. Sharad Dutt
EmailAppeal: Civil Appeal No. 7149 of 1999
(Arising out of S.L.P.(c) No. 1503 of 1998)
(Arising out of S.L.P.(c) No. 1503 of 1998)
Petitioner: Kiran
Respondent: Sharad Dutt
Apeal: Civil Appeal No. 7149 of 1999
(Arising out of S.L.P.(c) No. 1503 of 1998)
(Arising out of S.L.P.(c) No. 1503 of 1998)
Judges: S.B. MAJMUDAR & V.N. KHARE, JJ.
Date of Judgment: Dec 10, 1999
Head Note:
HINDU LAW
Hindu Marriage Act, 1955
Sections 11 and 13 – Divorce – Petition for divorce on the ground of desertion and cruelty by wife – During pendency of proceedings parties agreeing to get divorce by mutual consent – Parties living separately since years and also not having any issue – Petition praying for conversion to divorce by mutual consent accepted by Court and decree of divorce by mutual cons-ent passed.
Held:
The prayer in I.A.No.3 of 1999 for permitting the parties to amend the Hindu Marriage Petition is allowed in terms of para 3 of the I.A. We grant amendment to the divorce petition by treating it to be one under section 13-B of the Hindu Mar-riage Act, 1955. The proceedings between the husband and wife for dissolution of marriage are pending since 11 years. On the fact of the case, there is no necessity to further delay the passing of the decree for divorce by mutual consent. We there-fore, in exercise of our power under Article 142 of the Constitu-tion of India accept the consent terms filed by the parties and direct that a decree for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 be passed in this case. (Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. We have heard learned counsel for the parties finally in this appeal.
3. During the pendency of the proceedings at SLP stage there was a development by which the parties agreed to get divorce by mutual consent. The matter was therefore, adjourned. We are happy to note that the consent terms came to be filed on these lines duly signed by the appellant-wife as well as respondent-husband and also by their Advocates-on-record. We have gone through I.A.No.3 of 1999 which has been jointly moved by both the parties for getting a decree of divorce by mutual consent. In our view, the terms suggested are quite fair. We find that both the parties are living separately since years and they are not in position to see eye to eye and live together. They are not blessed with any child. Therefore, the prayer in original Hindu Marriage Petition No.584 of 1988 which was for divorce on the ground of alleged desertion and cruelty by wife and also under Section 11 of the Hindu Marriage Act wherein the respondent-husband sought a decree for nullity on the ground that there was no custom of marriage between the first cousins would no longer survive. The prayer in I.A.No.3 of 1999 for permitting the parties to amend the Hindu Marriage Petition is allowed in terms of para 3 of the I.A. We grant amendment to the divorce petition by treating it to be one under section 13-B of the Hindu Mar-riage Act, 1955. The proceedings between the husband and wife for dissolution of marriage are pending since 11 years. On the fact of the case, there is no necessity to further delay the passing of the decree for divorce by mutual consent. We there-fore, in exercise of our power under Article 142 of the Constitu-tion of India accept the consent terms filed by the parties and direct that a decree for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 be passed in this case. The agreement regarding payment of permanent alimony and monthly maintenance as laid down in paragraph 2 (a) to (d) shall form part of the decree for dissolution of marriage by mutual consent. The judgments and decrees of the High Court and trial court are set aside. The Hindu Marriage Petition will stand allowed in terms of prayer for divorce by mutual consent. The appeal is disposed of accordingly. No costs.
1. Leave granted.
2. We have heard learned counsel for the parties finally in this appeal.
3. During the pendency of the proceedings at SLP stage there was a development by which the parties agreed to get divorce by mutual consent. The matter was therefore, adjourned. We are happy to note that the consent terms came to be filed on these lines duly signed by the appellant-wife as well as respondent-husband and also by their Advocates-on-record. We have gone through I.A.No.3 of 1999 which has been jointly moved by both the parties for getting a decree of divorce by mutual consent. In our view, the terms suggested are quite fair. We find that both the parties are living separately since years and they are not in position to see eye to eye and live together. They are not blessed with any child. Therefore, the prayer in original Hindu Marriage Petition No.584 of 1988 which was for divorce on the ground of alleged desertion and cruelty by wife and also under Section 11 of the Hindu Marriage Act wherein the respondent-husband sought a decree for nullity on the ground that there was no custom of marriage between the first cousins would no longer survive. The prayer in I.A.No.3 of 1999 for permitting the parties to amend the Hindu Marriage Petition is allowed in terms of para 3 of the I.A. We grant amendment to the divorce petition by treating it to be one under section 13-B of the Hindu Mar-riage Act, 1955. The proceedings between the husband and wife for dissolution of marriage are pending since 11 years. On the fact of the case, there is no necessity to further delay the passing of the decree for divorce by mutual consent. We there-fore, in exercise of our power under Article 142 of the Constitu-tion of India accept the consent terms filed by the parties and direct that a decree for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 be passed in this case. The agreement regarding payment of permanent alimony and monthly maintenance as laid down in paragraph 2 (a) to (d) shall form part of the decree for dissolution of marriage by mutual consent. The judgments and decrees of the High Court and trial court are set aside. The Hindu Marriage Petition will stand allowed in terms of prayer for divorce by mutual consent. The appeal is disposed of accordingly. No costs.
