SANJAY PAHARIYA Vs. SMURTI PAHARIYA

JUDGEMENT

(1.) RULE. Respondents waive service. By consent of the parties, taken up for hearing forthwith.

(2.) THE appellant is original petitioner 2-husband and the respondent is original petitioner 1-wife in M. J. Petition No. F-619 of 2007. For convenience, we shall refer to the appellant as "the husband" and the respondent as "the wife". They filed the aforesaid petition for divorce by mutual consent under section 13-B of the Hindu Marriage Act, 1955 (for short, "the said Act") in the Family Court at Bandra, Mumbai.

(3.) THE case of the husband and the wife, as stated in the petition, is that they are hindus and are governed by the provisions of the said Act. They got married on 5/3/ 1993 at Mumbai as per Hindu Vedic rites. The said marriage was registered with the Registrar of Marriages. The couple has two sons viz. Veer and Shikhar born on 1/2/1995 and 3/ 4/ 1997 respectively. After marriage, they resided together in Flat No. 601, 2nd floor, dinath Court, Sir Pochkhanwala Road, Worli, mumbai. Irreconcilable differences arose between the two on account of temperamental differences. Incompatibility with each other made it difficult for them to co-exist. They stopped cohabiting as husband and wife from january, 2005. Despite innumerable efforts made by them and their friends, they could not sort out their problems. They, therefore, decided to end their marriage by a decree of divorce by mutual consent under section 13-B of the said Act. On these facts, on 18/5/ 2007, a joint petition for divorce by mutual consent was filed. To the petition, at Ex-B, they annexed consent terms, which were to form part of the decree.