Punjab-Haryana High Court
Smt. Harwinder Mann vs Gurpal Singh Mann on 13 May, 1999
Equivalent citations: I(2000)DMC84
Author: Swatanter Kumar
Bench: Swatanter Kumar
JUDGMENT Swatanter Kumar, J.
1. This is a petition under Section 13-B of the Hindu Marriage Act, hereinafter referred to as the Act, praying for dissolution of marriage by mutual consent.
2. The necessary facts are that Smt. Harwinder Mann was married to Shri Gurpal Singh Mann according to Sikh rights i.e. Anand Karj Ceremonies on 31.10.1982 at Chandigarh. From this wed-lock a son was born on 5.8.1986, who is stated to be staying with his father. Since 25.5.1990 the parties have been living separately because of serious differences in their attitude and respect for matrimonial bonds. All efforts for reconciliation have failed with the passage of time. The disputes had attained new dimensions. The husband had filed a petition under Section 13(1)(a) of the Act for dissolution of marriage on the ground of cruelty. This petition was dismissed in default, then was restored and thereafter finally dismissed as withdrawn/Another round of litigation commenced between the parties where the husband filed a petition for restitution of conjugal rights on 8.3.1991. This petition was decreed by the Court vide its Judgment and decree dated 31.3.1993. Despite this decree the parties did not cohabit together even for a single day and the wife had filed F. A.O. No. 64-M of 1993 against the Judgment allowing the decree for restitution of conjugal rights.
3. During the pendency of this petition and even otherwise all efforts of reconciliation proved futile. Vide order dated 11.5.1999 the parties were permitted to amend the petition from a petition under Section 9 to a petition under Section 13-B(1) of the Act. The Court held as under :
"I am of the considered view that keeping in mind the legislative provisions of the Act such an amendment cannot be stated to be statutorily destructive of the spirit of the law. In any case, the parties are ad-item on a question of law and it is conceded that the decree for restitution of conjugal rights could resolve no issue between the parties but has only further eroded the matrimonial relationship and the parties have fallen apart totally.
The petition being a joint petition I see no reason why the application should not be allowed. Consequently, this application filed under Order 6, Rule 17 read with Section 151 of the Code of Civil Procedure is hereby allowed. The amendment allowed relates back to the institution of the petition."
4. The statements of the husband and wife both were recorded in Court on 11.5.1999 where they reiterated their stand of not continuing with the matrimonial bond as their marriage has irretrievably broken down.
5. Having heard the learned Counsel for the parties and perusing the statements of both the parties recorded in Court I am of the considered view that there is no possibility of the parties living together as they have been living separately for the last 9 years and have been bitterly fighting against each other in Court. All efforts of reconciliation by friends and Court have failed to yield any results. The child has been living all this period with the father. Despite the fact that both the parties to the marriage are well educated and settled, it is a matter of regret that they are finding it so difficult to continue with their marriage, as they have opted to frustrate even the decrees passed by the Courts of competent jurisdiction. The marriage between the parties has irretrievably broken down. There is no compatibility between the parties. If the parties are compelled to continue in future with this matrimonial bond, they are bound to further erode their relationship towards the bitter end. The justice demands that the unwilling partners to a matrimonial bond, which has irretrievable broken down and parties at different occasions reiterated their stand of parting, company with each other, it will be appropriate to accept the request of the parties.
6. Having pondered over the facts and circumstances of this case and keeping in mind the spirit and legislative intent behind Section 13-B of the Hindu Marriage Act, I would accept the joint petition of the parties. The parties have admitted their signatures on the petition. They have further stated that they would abide by the terms contained therein. Consequently, I accept this petition and dissolve the marriage between the parties by passing a decree of divorce on the ground of mutual consent. Petition under Section 13-B Mark X, shall form part of the decree. Parties are left to bear their own costs.