[Cites 11, Cited by 0]
Chattisgarh High Court
Shri Satish vs Smt. Namrata on 10 March, 2026
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
1
2026:CGHC:11307-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
FA(MAT) No. 298 of 2024
Shri Satish S/o. Dhirajlal Suchak Aged About 51 Years Occupation -
Business, R/o. Rajoli, Tehsil - Mul, District - Chandrapur (Maharashtra)
... Appellant
versus
Smt. Namrata W/o. Satish Suchak Aged About 44 Years Occupation -
Service, R/o. In The House of Shri Jayantilal Raja, Ashirwad Building,
Near S.B.I. Colony Ara Mill Road, Rajnandgoan, District - Rajnandgaon
(C.G.)
... Respondent
For Appellant : Mr. Shyam Kumar, Advocate
For Respondent : Mr. Priyank Rathi, Advocate
Hon'ble Shri Justice Sanjay K. Agrawal
Hon'ble Shri Justice Arvind Kumar Verma
Judgment on Board
(10.03.2026)
Arvind Kumar Verma, J.
1. This appeal has been preferred against the judgment and decree
dated 06/07/2024 passed by learned Judge, Family Court,
Rajnandgaon, District Rajnandgaon (C.G.) in Civil Suit no.
13A/2020, whereby the application preferred under Section 13(1)
Digitally
ASHUTOSH signed by
MISHRA ASHUTOSH
MISHRA
of Hindu Marriage Act, 1955 for dissolution of marriage on the
ground of cruelty was dismissed.
2. The marriage between the parties took place on 21/05/2006 as
per Hindu Law and Customs at Nagpur (Maharashtra), thereafter
they could not continue with the marital relationship, and
eventually an application preferred by the appellant herein under
Section 13(1) of the Hindu Marriage Act for dissolution of marriage
was dismissed by the learned family Court.
3. Learned counsel for the parties submit that the matter was
referred to the mediation center of this Court, and the mediation
has been successfully completed. The parties have arrived at a
compromise on 18.08.2025, on certain terms and conditions, and
have filed an application (I.A. No. 01/2026) under section 13(B) of
Hindu Marriage Act, 1955 for dissolution of marriage by mutual
consent. During mediation on 18/08/2025 both the parties
amicably agreed for mutual divorce with permanent alimony of
Rs.51,00,000/- to be paid by the appellant to the respondent. It is
further submitted that, as per the settlement, the appellant herein
has already deposited amount of Rs.15-15 Lakhs through two
Fixed Deposit Bonds bearing No.CIF-9231252486-8 and CIF-
9231252478-8 dated 30/12/2025 each in favour of daughters of
Appellant namely Hiral Suchak and Kavya Satish Suchak,
respectively. Further, the appellant on the date of mediation paid
Rs.5,00,000/- through Demand Draft bearing No.9611 182 dated
14/08/2025 in favour of the Respondent. Thereafter, demand
drafts bearing No.9611 205 & 9611 206 of Rs.8-8 Lakhs (total 16
Lakhs) dated 31/12/2025 have been given to the wife. On
23/02/2026 the appellant has handed over the remaining amount
of Rs.46 Lakhs to the respondent through the demand drafts,
which the respondent admits to have received.
4. We have heard learned counsel for the parties and perused the
application under Section 13(B) of the Hindu Marriage Act.
5. It is not in dispute that the parties are living separately since
02/10/2018 and the chances of reconciliation do not exist. The
application under Section 13(B) of Hindu Marriage Act has been
filed before this Court on 23.02.2026 which is supported by an
affidavit. In this context, the text of Section 13-B of the Hindu
Marriage Act would be relevant here and quoted below:
13-B. Divorce by mutual consent.-- (1) Subject to the
provisions of this Act a petition for dissolution of marriage
by a decree of divorce may be presented to the district
court by both the parties to a marriage together, whether
such marriage was solemnized before or after the
commencement of the Marriage Laws (Amendment) Act,
1976, on the ground that they have been living separately
for a period of one year or more, that they have not been
able to live together and that they have mutually agreed
that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier
than six months after the date of the presentation of the
petition referred to in sub-section (1) and not later than
eighteen months after the said date, if the period is not
withdrawn in the meantime, the Court shall, on being
satisfied, after hearing the parties and after making such
inquiry as it thinks fit, that a marriage has been
solemnized and that the averments in the petition are
true, pass a decree of divorce declaring the marriage to
be dissolved with effect from the date of the divorce."
6. The Supreme Court in a case law reported in (2017) 7 SCC page
746- Amardeep Singh Vs. Harveen Kaur has held that in the
year 1976, the concept of divorce by mutual consent was
introduced and however, Section 13-B(2) contains a bar to divorce
being granted before six months of time elapsing after filing to the
divorce petition by mutual consent only if there is no chance for
reconciliation. The Supreme Court has further laid down the
following principles at para 19:
19. Applying the above to the present situation, we
are of the view that where the court dealing with a
matter is satisfied that a case is made out to waive
the statutory period under Section 13-B(2), it can
do so after considering the following:
(i) the statutory period of six months specified in
Section 13-B(2), in addition to the statutory period
of one year under Section 13-B (1) of separation of
parties is already over before the first motion itself;
ii) all efforts for mediation/conciliation including
efforts in terms of Order 32-A Rule 3 CPC/Section
23(2) of the Act/Section 9 of the Family Courts Act to
reunite the parties have failed and there is no
likelihood of success in that direction by any further
efforts;
iii) the parties have genuinely settled their
differences including alimony, custody of child or
any other pending issues between the parties;
iv) the waiting period will only prolong their agony.
7. Applying the aforesaid principle in the present case, it is evident
that the parties are residing separately since 02/10/2018. During
mediation, they mutually agreed to dissolve their marriage by a
decree of divorce. During mediation on 18/08/2025 both the
parties amicably agreed for mutual divorce with permanent
alimony of Rs.51,00,000/- to be paid by the appellant to the
respondent. Part of settlement has already been complied with, as
the appellant/husband has already deposited amount of Rs.15-15
Lakhs through two Fixed Deposit Bonds bearing No.CIF-
9231252486-8 and CIF- 9231252478-8 dated 30/12/2025 each in
favour of daughters of Appellant namely Hiral Suchak and Kavya
Satish Suchak, respectively. Further, the appellant on the date of
mediation paid Rs.5,00,000/- through Demand Draft bearing
No.9611 182 dated 14/08/2025 in favour of the Respondent.
Thereafter, demand drafts bearing No.9611 205 & 9611 206 of
Rs.8-8 Lakhs (total 16 Lakhs) dated 31/12/2025 have been given
to the wife. On 23/02/2026 the appellant has handed over the
remaining amount of Rs.46 Lakhs to the respondent through the
demand drafts, which the respondent admits to have received. As
a natural consequence it would show that the parties have acted
upon their agreement to dissolve the marriage and have come to
a firm opinion and arrived to a settlement that they cannot stay
together and want divorce.
8. Under the circumstances, the application (I.A. No. 01/2026) under
Section 13(B) of the Hindu Marriage Act, 1955 is allowed in the
terms of settlement. Accordingly it is ordered that the marriage in
between the parties solemnized on 21/05/2006 shall stand
dissolved by decree of divorce henceforth. The impugned order
dated 06/07/2024 is hereby set aside. The terms of settlement
arrived at during the mediation would be the part of the decree so
as to enable the parties to comply the terms of compromise, if
any.
9. Accordingly, the appeal is disposed of. No order as to cost(s).
10. Decree be drawn up accordingly.
Sd/- Sd/-
(Sanjay K. Agrawal) (Arvind Kumar Verma)
JUDGE JUDGE
ashu
