GOPAL PRASAD SAH Vs. LALITA SAH

JUDGEMENT

(1.) BOTH the parties are present.

(2.) IN pursuance of the agreement dated 3.12.1999, a joint petition has been filed today before this Court under Section 13 -B of the Hindu Marriage Act for recording of divorce on mutual consent. The petition has been presented before this Court by the spouses. Generally, such petitions are to be entertained by the district court where the jurisdiction lies for any petition under the Hindu Marriage Act. Already the parties have fought before the district court for grant of decree of divorce on various grounds as contemplated under Section 13 of the Act. But as the grounds of divorce could not be proved to the satisfaction of the district court, the decree of divorce had not been granted and the Matrimonial case being Matrimonial Suit No. 17 of 1993 had been rejected by the Additional District Judge, Pakur, and, hence, against that dismissal the present appeal i.e. F.A. No. 62. of 1995 has been filed.

(3.) THERE is mandatory provisions under Section 13 -B of the Hindu Marriage Act that after a joint petition is presented before the court for divorce on mutual consent, the parties are to given at least six months time for re -thinking over the matter so that solemnized marriage may not be broken down for ever. But in the present case, it has already been found that the parties have become adamant to bring severance of the marriage knot immediately as already they have suffered from severances for the last six years. After talking to the spouses, this Court was also satisfied that there is no scope of any mutulisation even if six months more time is allowed to them when they could not be mutualised for the last six years and they are fighting for the said dispute in different courts. In that way, the period of six months as provided under Section 13 -B of the Hindu Marriage Act is hereby dispensed with and the decree of divorce is granted today itself by severing marriage knot solemnized between the parties on 5.3.1992. The order of divorce shall take effect from this date itself and from today the spouses are free to lead their independent lives. Good wishes remain with the spouses to have their partners of their choice in future life. It has also been agreed upon between the spouses that they are not going to fight out any criminal or civil cases on the basis of their relationship on the marriage knot and if such case is still pending, the same shall stand withdrawn.