Indian Kanoon - Search engine for Indian Law

3. Today, learned counsel for the respective parties in the presence of the parties, who have all appeared in the Court Hall except learned counsel for the husband who has appeared through video conference, submitted that the parties have arrived at a settlement of their disputes and that in MFA.No.4749/2019, a joint petition has been filed under Section 13B of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for the sake of brevity) read with Section 151 of Code of Civil Procedure, 1908. They state that the parties do not wish to continue with their marriage which had taken place on 24.05.2002 and that they have decided to live separately and hence, they have prayed for dissolution of their marriage by a decree of divorce by mutual consent.

We, Savitha Seetharam and Sei Rajiv Vijayasarathy Ratnam, today at Bengaluru, do hereby solemnly affirm and state on oath that what is stated above are true and correct and to the best of our knowledge, information and belief.

      Sd/-                          Sd/-
PETITIONER No.1                PETITIONER No.2


BENGALURU
DATED:27.08.2020.

10. The petitioners have also filed an application under Section 13B(2) of the Act seeking dispensation of statutory waiting period of six months as stipulated under Section 13B(2) of the Act. The same is supported by a joint affidavit filed by the parties. We have perused the same.

12. Having perused the application filed under Section 13B(2) of the Act and bearing in mind the submission of the learned counsel for the respective parties and also the dictum of the Hon'ble Supreme Court in the case of AMARDEEP SINGH Vs. HARVEEN KAUR - (2017) 8 SCC 746, we think it just and proper to allow the said application. The said application is accordingly allowed.

13. We have already extracted the terms of the settlement arrived at between the parties which are filed in the form of a petition filed under Section 13B of the Act. On perusal of the same, we find that the said terms are lawful and that there is no impediment in law to accept the same.

15. In the circumstances, while we reserve our orders to be passed in terms of Clause 5 of the Petition, we conclude on the petition filed under Section 13B(1) of the Act in light of the terms of settlement and facts of the case, which we find, are lawful, and there is no legal impediment to concur with the same. The parties before us have been living separately for a period of nine years ten months and they have not been able to live together nor reconcile their differences and they have mutually agreed that their marriage could be dissolved. In the circumstances, the marriage between the parties solemnized on 24.05.2002 at Bengaluru is dissolved by mutual consent in terms of Section 13B(1) of the Act. The Petition is accordingly allowed.