9911796707
TMI Blog2015 (9) TMI 1763X X X X Extracts X X X X X X X X Extracts X X X X ..... e parties has been allowed. However, Family Court rejected prayer for waiving of statutory period of six months prescribed Under Section 13-B(2) of the Act for filing second motion. 3. The brief facts of the case lie in a narrow compass. 4. The Appellant and the Respondent married as per Hindu rites and customs at the parental house of the Appellant sometime in the year 2009 and after marriage they shifted to Delhi. The parties ever since the marriage did not pull together being of different habits, ideas and completely different in nature and temperament. They could not adjust with each other at all. Since February 2014, the Appellant and the Respondent started living separately as they had irreconcilable differences and there was no pos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oni Kumari and Sh. Deepak Kumar, both the Petitioners, have jointly filed this petition Under Section 13-B(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") for Soni Kumari and Deepak Kumar dissolution of their marriage by a decree of divorce consent. 2.0 This Court made sincere efforts for reconciliation between the parties; but, the efforts for reconciliation yielded no fruitful result. Both the Petitioners submitted that they have made up their mind to part ways and take divorce by mutual consent, in terms of the compromise effected between them. Consequently, the joint statement of the Petitioners was recorded today i.e. 14.07.2015. 3.0 I have heard both the sides and have also carefully perused the entire ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /husband to Petitioner No. 1/wife at the time of recording of statement in the second motion petition. 4.3 Both the Petitioners undertook to withdraw all their cases/complaints/petitions, if any, and further not to file any case/complaint against each other/respective family members at any point of time in future with regard to this marriage. Both the Petitioners undertook to abide by the terms and conditions mentioned in the present petition, Ex. PX and in the Settlement Agreement/Compromise Deed, dated 06.07.2015, E.PY. 5.0 From the joint statement of the Petitioners and documents placed on record, it has come on record that the Petitioners were married on 27.11.2009 and have been living separately since Feb-Mar 2014 on account of tem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 013) 15 SCC 547. In that case, after considering the terms of settlement arrived at between the parties, the Court observed: 7. Since the parties have also agreed for annulment of their marriage, we are satisfied that this is a fit case where we may exercise our jurisdiction Under Article 142 of the Constitution of India to give quietus to the multiple disputes between them as this will enable complete justice between the parties. Consequently, we waive the statutory period and pass the decree of divorce Under Section 13-B of the Hindu Marriage Act, 1955. As a result of this, the marriage solemnised between the parties on 7-8-1993 stands dissolved. 9. Reference may be made to the decision of this Court in the case of Devinder Singh Narul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wers Under Article 142 of the Constitution granted a decree of mutual divorce at the stage of the SLP itself. In different cases, in different situations, this Court had invoked its powers Under Article 142 of the Constitution in order to do complete justice between the parties. 10. Reference can also be made to a decision of this Court in the case of Anil Kumar Jain v. Maya Jain (2009) 10 SCC 415, where it has been held as under: 29. In the ultimate analysis the aforesaid discussion throws up two propositions. The first proposition is that although irretrievable breakdown of marriage is not one of the grounds indicated whether Under Sections 13 or 13-B of the Hindu Marriage Act, 1955 for grant of divorce, the said doctrine can be applie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l the second stage when the petition comes up for orders and a decree for divorce is finally passed and it is only the Supreme Court, which, in exercise of its extraordinary powers Under Article 142 of the Constitution, can pass orders to do complete justice to the parties. 31. The various decisions referred to above merely indicate that the Supreme Court can in special circumstances pass appropriate orders to do justice to the parties in a given fact situation by invoking its powers Under Article 142 of the Constitution, but in normal circumstances the provisions of the statute have to be given effect to. The law as explained in Sureshta Devi case (1991) 2 SCC 25, still holds good, though with certain variations as far as the Supreme Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
