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3.1 The petitioner and the respondent started having marital discord, largely over the issue of respondent’s continued involvement with his children, ex-wife and ailing father. The respondent husband is stated to have mooted the idea of separation by mutual consent, which was not acceptable to the petitioner. The respondent even submitted a complaint at Police Station Habibganj and filed a complaint dated 22.07.2022 before the Judicial Magistrate First Class, Bhopal under Section 200 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC), alleging that as a result of constant fights between the parties, the petitioner has been subjecting the respondent to mental cruelty by threatening him with dire consequences like taking her own life and filing false criminal cases against the respondent and his family. Thus, the respondent had sought appropriate action against the petitioner and an impartial investigation in future if the petitioner took any untoward step.

3.2 Thereafter, on 01.08.2022, the respondent filed a divorce petition bearing RCS(HM) No.1146/2022 before the Family Court, Bhopal, under Section 13(1) of the Hindu Marriage Act, 1955 (hereinafter “HMA”). But the same was dismissed as withdrawn by order dated 16.08.2022. Just before withdrawing the said divorce petition, the parties filed a second petition for divorce by mutual consent under Section 13B(1) of HMA, bearing RCS(HM) No. 1215/2022, on 13.08.2022 before the Family Court at Bhopal, Madhya Pradesh. The petitioner has alleged that the respondent had fraudulently obtained her signatures on this second divorce petition. Be that as it may, the said petition was also dismissed vide order dated 29.08.2022, on the ground that the parties had not completed the statutorily mandated period of separation of one year as per Section 13B(1) of the HMA.

“a. Allow the present application thereby exercising the powers conferred by Article 142(1) of the Constitution of India thereby dissolving the marriage of the parties and granting a decree of divorce; and/or b. Pass any such other and further order(s) that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 3.7 It is averred in the said application by the respondent that he had every intention to spend a good future with the petitioner but he has not been able to meet the illicit demands of the petitioner, both monetary and non-monetary. It is alleged that soon after the marriage, the petitioner had started demanding unrealistic sums of money from the respondent without providing any reasons for the same. The petitioner would misbehave with the respondent, his family, his staff, and not cooperate with the fact that the respondent had to take care of his octogenarian father and his children from his first marriage. It was also stated by the respondent that he had proposed the idea of an amicable separation to the petitioner but she created an even more hostile environment and threatened to implicate the respondent and his family in false criminal cases. Thus, the parties allegedly started living separately from February-March of 2022. It is stated that the petitioner asked for a sum of Rs.8 crores in lieu of filing for divorce by mutual consent, but upon the dismissal of the petition by the Trial Court, the petitioner’s demand increased to Rs.25 crores, along with threats of criminal complaints. This was all followed by the FIRs filed by the petitioner and the arrest of the respondent, thereby fracturing the relations between the parties beyond repair.

8.6 Earlier, a two-judge bench of this Court, in the case of R. Srinivas Kumar vs. R. Shametha, (2019) 12 SCR 873, dealt with the submission of the wife that unless there is a consent by both the parties, even in exercise of powers under Article 142(1) of the Constitution of India, the marriage cannot be dissolved on the ground of irretrievable breakdown of marriage, by making the following observations:

“6. Now so far as submission on behalf of the respondent wife that unless there is a consent by both the parties, even in exercise of powers under Article 142 of the Constitution of India the marriage cannot be dissolved on the ground of irretrievable breakdown of marriage is concerned, the aforesaid has no substance. If both the parties to the marriage agree for separation permanently and/or consent for divorce, in that case, certainly both the parties can move the competent court for a decree of divorce by mutual consent. Only in a case where one of the parties do not agree and give consent, only then the powers under Article 142 of the Constitution of India are required to be invoked to do the substantial justice between the parties, considering the facts and circumstances of the case. However, at the same time, the interest of the wife is also required to be protected financially so that she may not have to suffer financially in future and she may not have to depend upon others.” (underlining by us) 8.7 Another observation of this court on the same issue, in Munish Kakkar vs. Nidhi Kakkar, (2019) 15 SCR 169, reads as under: