MUNISH AMRITBHAI KAPUR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) I spoke to the parties concerned one after the other in my Chamber, with a view to understand the nature of the problem and also to examine the scope of any reconciliation. After hearing both the sides, I have reached to the conclusion that the case is one of an irretrievable breakdown of marriage. In my view, the marriage is dead and the only way the parties can live in peace is by parting ways by dissolution of marriage with consent. I tried in my own way to persuade both to consider reconciliation, but as I have observed above, it is not possible.

(2.) By and large the matter has been amicably settled between the parties. The terms of settlement have also been reduced into writing for each others understanding.

(3.) It has been understood that the applicant No.1 and the respondent No.2 will file a Hindu Marriage Petition under Section 13 -B of the Hindu Marriage Act, 1955, for dissolution of the marriage by mutual consent. The necessary formalities in that regard will be completed within a period of two days and both will appear before the Family Court and file a joint petition. Although in the First Information Report lodged by the respondent No.2 it has been stated that she left the matrimonial home in July, 2015, yet in fact on account of matrimonial disputes they were not residing as husband and wife since past more than two years. Therefore, in such circumstances, they could be said to be residing separately for a period of one year or more from the date they present the petition for divorce by mutual consent. The expression "living separately" connotes not living like husband and wife. It has no reference to the place of living. The parties may live under the same roof and yet, they may not be living as husband and wife. This is the law explained by the Supreme Court in the case of Sureshta Devi Vs. Om Prakash, reported in AIR 1992 SC 1904. So far as the cooling period of six months is concerned as prescribed under Section 13 -B(2) of the Act is concerned, the law in this regard is also well settled.