VIKAS SHARMA Vs. SAVITA SHARMA

JUDGEMENT

(1.) The statements of the parties have been recorded in Court today. In terms of the agreement between the parties a sum of Rs. 1,60,000/- has been paid in Court today to the wife. Both the parties have given undertakings in their statements which are acceptable to the Court.

(2.) The amended petitioner would relate back to the date of filing of the main petition under Section 13(B) of the Hindu Marriage Act. It is an unfortunate that marriage which survived only for a period of not even 6 months and the parties have been litigating in Court for the last more than 10 years. Parties have filed the petition under Section 13(B) of the Hindu Marriage Act praying that their marriage be dissolved by a decree of divorce by mutual consent. Apparently and admittedly the marriage between the parties is irretrievably broken down.

(3.) There is no chance of survival of this marriage. The differences between the parties have already reached at peak and I see no reason to force these two unwilling partners to live together against their wish and in the peculiar facts and circumstances of the present case, the parties were living separately since the middle of 1988 and since then they have been litigating in Courts. In the facts and circumstances of this case and keeping in view the fact that the present appeal itself is pending since 1992 and the parties have seriously pondered over the decision to dissolve this marriage, it appears to be sufficient compliance of the provisions of Section 13-B of the Hindu Marriage Act. In view of the facts and circumstances of the case, I accept the petition under Section 13(B) of the Hindu Marriage Act and hereby dissolve the marriage between Shri Vikas Sharma and Smt. Savita Sharma which was solemnised on December 14, 1988 at Ludhiana according to Hindu rites.