Delhi District Court
Sh. John Domenic Sullivan vs Unknown on 27 January, 2010
IN THE COURT OF MS. RAJ RANI MITTRA, ADDITIONAL DISTRICT JUDGE,
DELHI
HMA Petition Number : 906/09
(Second Motion Petition)
Presented on : 07.07.2009
Decided on : 27.01.2010
Sh. John Domenic Sullivan,
S/o. Sh. John David Sullivan,
R/o. D-297, Kaka Nagar,
near Suvidha Market,
Delhi - 110 003 ........................... Petitioner No. 1
And
Ms. Bhupinder Kaur,
W/o. Sh. John Domenic Sullivan,
D/o. Sh. Gurbachan Singh,
R/o. F-17A, F Block,
Vishnu Garden,
Delhi - 110 018 ............................ Petitioner No. 2
Appearances : Ms. Jyoti Gupta, Advocate for the petitioners.
JUDGMENT
Sh. John Domenic Sullivan and Ms. Bhupinder Kaur, both the above mentioned petitioners, have jointly filed this petition u/s. 13-B (2) of the Hindu Marriage Act, 1955 ( herein after referred to as the Act) for the dissolution of their marriage by a decree of divorce by mutual consent.
The Court has made efforts for reconciliation between the parties, however, the efforts for reconciliation have not yielded any result as it is submitted on behalf of both the petitioners that they want to part ways and take a divorce by mutual consent in terms of the compromise effected between them. Consequently, the joint statement of both the petitioners has been recorded on 27.01.2010.
I have heard both the sides at length and have also carefully perused the entire material on the record including the joint statement of the petitioners, relevant provisions of law and the precedents on the point.
The record reveals that marriage between the petitioners was solemnized at Gurudwara Mangat Bazar, Vishnu Garden, Delhi - 110 018 on -2- 22.01.2006 according to the Sikh rites and ceremonies. However, at the time of solemnization of marriage, petitioner No. 1 who was Christian got himself converted into Sikh (Hindu) and adopted Sikhism. Photocopies of Conversion certificate of petitioner No. 1, translation of conversion certificate and Marriage Certificate of the petitioners are placed on record and exhibited as Ex.P-2 colly. The matrimonial home of both the petitioners was at D-297, Kaka Nagar, near Suvidha Market, Delhi - 110 003. The marriage was consummated, however, no issue was born from their wedlock. Both the petitioners have been living separately from December, 2007 due to the difference in their temperament and attitude and have not resumed cohabitation thereafter. Now there is no possibility of their living together as husband and wife. The marriage of the petitioners has been broken down irretrievably now there is no possibility of their living together as husband and wife. They have settled all their claims and disputes as per terms and conditions mentioned in the petition Ex.P-1. There is no collusion between the parties and their consent is free from fraud and force. The petition filed by the parties u/s. 13-B (1) of the Hindu Marriage Act, 1955 bearing number 905/09, which was filed on 07.07.2009, has been allowed by this Court vide judgment dated 28.07.2009. The record also reveals that both the petitioners have amicably settled all their claims and disputes with regard to dowry, istridhan, alimony, maintenance etc. as mentioned in the petition Ex.P-1. It has also been mutually agreed between the petitioners that neither of the petitioners shall claim any right against each other in future. Both the petitioners have undertake to abide by the terms and conditions as elaborated and as set out in the petition.
It is reported by the Ahlmad that the petition u/s. 13-B (1) of the Hindu Marriage Act (first motion petition) bearing number 905/09, which was filed on 07.07.2009, has been allowed by this Court vide judgment dated 28.07.2009. The Ahlmad has also put up the judicial file of the first motion petition which has also been perused.
Both the petitioners have made a similar joint statement before the Court on 27.01.2010.
In a petition u/s. 13-B (2) of the Hindu Marriage Act, 1955, both the parties have to prove:-
i) that they are Hindus;-3-
ii) their marriage was solemnized according to Hindu rites and ceremonies;
iii) that they have been living separately for a period of one year or more;
iv) that they have not cohabited since the day of filing of first motion petition;
v) that they cannot live together;
vi) that they have mutually agreed to dissolve their marriage;
vii)that the consent for divorce has not been obtained by fraud or force; and
viii)that there should be difference of six months between first motion and second motion under Sections 13-B (1) and 13-B (2).
In their joint statement, both the petitioners have stated on oath that their marriage was solemnized at Gurudwara Mangat Bazar, Vishnu Garden, Delhi - 110 018 on 22.01.2006 according to the Sikh rites and ceremonies. However, at the time of solemnization of marriage, petitioner No. 1 who was Christian got himself converted into Sikh (Hindu) and adopted Sikhism. Photocopies of Conversion certificate of petitioner No. 1, translation of conversion certificate and Marriage Certificate of the petitioners are placed on record and exhibited as Ex.P-2 colly. The matrimonial home of both the petitioners was at D-297, Kaka Nagar, near Suvidha Market, Delhi - 110 003. The marriage was consummated, however, no issue was born from their wedlock. Both the petitioners have been living separately from December, 2007 due to the difference in their temperament and attitude and have not resumed cohabitation thereafter. They have settled all their claims as per the terms and conditions mentioned in the petition Ex.P-1. There is no collusion between them and their consent is free from force, fraud or pressure. They have agreed to dissolve their marriage by their mutual consent as their marriage has broken down irretrievably.
From the joint statement of both the petitioners, it is also evident that the consent of both the petitioners for divorce is free from force, fraud, threat, pressure, coercion or undue influence and there is no collusion between them in filing this petition.
After considering the averments made in the petition and the joint statement of both the petitioners, the conscience of this Court is satisfied that all the required ingredients of Section 13-B (2) of the Hindu Marriage Act, 1955 have been properly fulfilled.
This Court is of opinion that both the petitioners cannot live together -4- as they have reached to a point of no return. Their marriage has broken down irretrievably.
Accordingly, this present second motion petition u/s. 13-B (2) of the Hindu Marriage Act, 1955 is hereby allowed.
The marriage between both the petitioners i.e. Sh. John Domenic Sullivan and Ms. Bhupinder Kaur is dissolved by a decree of divorce of mutual consent with effect from today i.e. 27.01.2010.
The parties are left to bear their own costs.
The decree sheet be prepared according and copies of the same be given free of cost to both the petitioners.
The file be consigned to record Room.
Announced in the open Court ( RAJ RANI MITTRA)
on the 27th day of January, 2010 ADDTIONAL DISTRICT JUDGE
SOUTH-01 / 27.01.2010