Manoj Kumar Sinha vs Smt. Susmita Sinha
2022 Latest Caselaw 989 Chatt

                                            1




                                                                          NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR

                                FA(MAT) No. 45 of 2021

   • Manoj Kumar Sinha S/o Shri Jadav Kumar Sinha Aged About 31 Years
     Occupation Personal Job, R/o Behind Jute Mill Chowki, Raigarh Tahsil And
     District Raigarh Chhattisgarh

                                                                    ---- Appellant

                                     Versus

   • Smt. Susmita Sinha W/o Manoj Kumar Sinha, Aged About 23 Years (D/o
     Shri Sumant Bhoumik), Occupation House Wife, R/o Behind Jute Mill
     Chowki, Raigarh At Present Divya Inclave, Flat No. 201, Latma Road, Vikas
     Nagar, Road No. 02, Hesag Hatiya, District Ranchi Jharkhand

                                                                ---- Respondent



      For Appellant                     :       Ms. Hamida Siddiqui, Advocate

      For Respondent                    :       Ms. Deepali Dubey, Advocate


                      Hon'ble Shri Justice Goutam Bhaduri

                    Hon'ble Smt. Justice Sanjay S. Agrawal

                               Judgment on Board


Per Goutam Bhaduri, J.

23/02/20 22

Heard.

1. Both the parties are present before this court pursuant to the order

passed by this Court on 14.02.2022.

2. Primarily the appeal was preferred by the husband namely Manoj

Kumar Sinha against the judgment and decree dated 28.08.2021, by

the Family Court, Raigarh wherein the petition seeking divorce was

dismissed.

3. The brief facts of this case are that the appellant and the respondent

were married on 19.11.2018. Subsequently, their married life entered

into rough patch and parties could not adjust themselves and the

husband preferred divorce petition on various grounds before the

Family court. The learned Family Court dismissed the petition on

28.08.2021, therefore the present appeal.

4. During the pendency of this appeal, the application under section 13-B

of the Hindu Marriage Act, 1955 was filed seeking divorce on mutual

consent. The parties, both the appellant and respondent, are present

before this court and they endorse the application which is filed and

stated that they have mutually settled to part their ways on the

following terms which is part of the application under section 13-B of

the Hindu Marriage Act, 1955 :-

A. The appellant is withdrawing every allegation leveled in

divorce against the respondent.

B. The present applicant is for no fault divorce between the

appellant and respondent.

C. The appellant will send back all the belongings mentioned in

the list along with this application i.e. gifts given to the appellant

at the time of marriage

D. Both the parties will not interfere in each others life in any

manner in future after divorce.

E. Both the parties will make no claim out of this marriage in

future.

5. It has been stated before this court that both the parties are living

separately from May 2020 and the application before this Court was

filed on 14.12.2021 and prayer is made that the cooling off period of 6

months required under Section 13-B of the Act may be waived off. As

per date of filing of application cooling off period of 6 months would

expire on 13 June, 2022. Since the parties are present before this

Court and joint prayer has been made that the cooling off period may

be waived off, as they are residing separately from May, 2020,

therefore, considering the status of the parties, as it appears that both

the appellant and the respondent cannot go along with each other and

there is no chance of reconciliation. Having regard to the facts of the

instant case and law laid down in (2017) 8 SCC 746- Amardeep

Singh Vs. Harveen Kaur and considering the mind set of parties we

are satisfied that the statutory period of 6 months as specified in

Section 13-B (2), in addition of statutory period of 1 year under

Section 13-B (1) of separation of parties are already over. We are also

satisfied with all the efforts of reconciliation through meditation has

failed between the parties. The respondent/ wife who is present in

person would submit that she had received entire articles i.e.

Streedhan and no further claims exist in respect of any good. The

respondent/ wife named Sushmita Bhowmick along with father

Sumanta Bhowmick are present in this court and would submit that

they do not want any alimony.

6. In view of the facts stated above, it appears that parties have settled the

disputes on unequivocal terms to stay apart. The girl's father (namely

Sumanta Bhowmick) along with girl submit that they do not want any

alimony from the appellant. It is also admitted that the entire gifts

which were given as Streedhan have been returned back. Taking into

the entirety of the facts that both th parties have submitted that no

chance of reconciliation exists. The facts of this case would suggest

that the parties are living separately since May, 2020, therefore, after

making enquiry about all the aspects including goods and alimony, we

are of the opinion that the cooling off period under Section 13 (B) (2)

requires to be waived off. Accordingly, application under Section 13-B

of the Hindu Marriage act is allowed and it is ordered that the

marriage dated 19.11.2018 between the appellant and the respondent

shall stand dissolved by decree of divorce. No order as to cost.

7. A decree be drawn accordingly.

                Sd/-                                                    Sd/-


        (Goutam Bhaduri)                                  (Sanjay S. Agrawal )

                Judge                                              Judge

Jyoti