Is existence of a dispute a pre-condition for grant of Divorce by Mutual Consent u/s 13B, HC DB replies [Read Judgement]

The Chhattisgarh High Court Bench comprising Justice Prashant Kumar Mishra and Justice N.K. Chandravanshi in the case titled Smt. Sandhya Sen v. Sanjay Sen gives their opinion on the very interesting issue that Is existence of a dispute a pre-condition for grant of Divorce by Mutual Consent u/s 13B of Hindu Marriage Act, 1955.

Facts of the Case:

The parties were married on 20.2.2017. However, they remained together only for 2 days and thereafter, have never lived as husband and wife. After one year of the marriage, they preferred a joint application dated 13.3.2018 for divorce by mutual consent. They were examined before the Trial Court after completion of 6 months cooling off period. In their deposition also, they stood by their decision to seek divorce by mutual consent, however, the Trial Court has refused to pass a decree of divorce by mutual consent and has instead passed a decree for judicial separation for a period of one year.

Submission of the Appellant:

The Appellant has submitted that there being no defect in the application or in the procedure for moving such application for grant of divorce by mutual consent, the Trial Court should have allowed the application.

Court’s Observation & Judgment:

After hearing submissions the High Court held that there need not be a serious dispute between a married couple for seeking a divorce by mutual consent. It may happen in a given case that there is no quarrel or dispute between the couple but yet their actions and behaviour are not compatible with each other for living a happy and peaceful married life, therefore, they may seek divorce by mutual consent. If an application is otherwise duly constituted and properly presented before the Court, it is not for the Court to search for a ground or a reason, which has compelled the parties to seek divorce by mutual consent. The parties presented the application under Section 13-B by appearing before the Trial Court on 13.3.2018 and thereafter, again appeared on 7.4.2018, 27.10.2018, 4.12.2018 and 12.12.2018, the Trial Court should have passed the decree of divorce by mutual consent instead of decree for judicial separation.

Therefore, the impugned decree of judicial separation was set aside and instead pass a decree of divorce by mutual consent.

Read Judgement Here:

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