BINI Vs. SUNDARAN

JUDGEMENT

(1.) The need for and role of conciliation for reconciliation and settlement in disputes relating to marriage and family affairs pending before the Family Courts is the crux of the subject matter arising in this appeal. In the process, a noval question to be decided is, whether conciliation is mandatory after the introduction of he Family Courts Act in a petition under Section 13 of the Hindu Marriage Act even on the excepted grounds of conversion to another religion, renunciation of the world, mental disorder, venereal diseases and leprosy.

(2.) The respondent-husband approached the Family Court, Thrissur under Section 13 of the Hindu Marriage Act, 1955 seeking a decree of divorce on the ground that the appellant-wife had ceased to be a Hindu by conversion to another religion. On appearance of the appellant and on the mere admission of such fact, the Family Court granted a decree of divorce. Aggrieved the appeal at the instance of the wife contending mainly that by conversion to another religion alone the marriage does not ipso facto get dissolved and that the Family Court should have made an attempt to see whether a reconciliation or settlement is yet possible in the matter.

(3.) The Family Court Act, 1984 was introduced to provide for the establishment of Family Courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith. In the Statement of Objects and Reasons it is stated thus:-