Case Of Dissolution Of Marriage Through Mutual Consent Between Mr. A & Mrs. S

Background

An application was filed by Mr. A and Mrs. S under Section 13B of the Hindu Marriage Act, 1955 seeking the dissolution of their marriage through mutual consent.

Issue

Mr. A and Mrs. S were married on 22nd December 2017 in Kolkata, with the consent of both families, under the provisions of the Hindu Marriage Act. They cohabited as husband and wife in their matrimonial home, which falls within the jurisdiction of this Court. No children were born out of this wedlock.

Due to irreconcilable temperamental differences, their marriage broke down irrevocably in 2019. Despite genuine efforts to resolve their disputes, the parties concluded that living together as a married couple was no longer possible. They have been living separately since 2019, with no chance of reconciliation or reunion. Consequently, they decided to dissolve their marriage by mutual consent legally.

Settlement

The petitioners settled all their claims, with Mrs. S receiving her Stridhan articles. Both parties withdrew their complaints and counter-complaints against each other, signifying their mutual decision to part ways. There were no legal obstacles to granting the decree of divorce by mutual consent.

Court Proceedings

During the hearing, the learned advocates for both parties reviewed the evidence-in-chief presented through affidavits. The Court noted that the parties had been living separately for a year, indicating no chance of reconciliation. Both parties affirmed their decision to dissolve the marriage and live separately.

The application was reviewed under Section 13B of the Hindu Marriage Act, 1955. The Court found no evidence of fraud, coercion, or collusion between the parties based on the materials available on record.

Order

With Advocate Rajesh Kshetry‘s intervention in this case, the Court ordered the dissolution of Mr. A and Mrs. S’s marriage by mutual consent. The marriage, which was duly registered on 22nd December 2017 under the Hindu Marriage Act, stands dissolved. The marital tie between Mr. A and Mrs. S is severed from the date of this decree.

Decree of Divorce Granted: The marriage between Mr. A and Mrs. S is dissolved by mutual consent, effective immediately from the date of this order.

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