HomeCitiesChandigarhHC sets aside family court order, grants divorce to couple who separated two days after marriage
HC sets aside family court order,
grants divorce to couple who
separated two days after marriage
The couple filed a joint petition under Section 13-B of the Hindu Marriage Act on May 20,
2021 seeking decree of divorce by way of mutual consent
Written by Jagpreet Singh Sandhu | Chandigarh |
September 10, 2021 8:23:23 am
A division bench of Justices Ritu Bahri and Archana Puri, while hearing the matter, held that soon after
the marriage on February 15, they separated. At the time of marriage, appellant (22) was a student of
M.Sc, whereas the respondent was 23. (Representational)
THE PUNJAB and Haryana High Court has granted decree of divorce by mutual consent to a
couple from Haryana, who separated two days after getting married.
The woman petitioner (appellant) approached the High Court challenging the order dated July 9,
2021 passed by the principal judge, Family Court, Gurgaon, whereby a petition under Section 13-B
of the Hindu Marriage Act seeking dissolution of marriage by way of mutual consent, filed by the
woman and her husband (respondent) had been dismissed.
The couple’s marriage was solemnised on February 15, 2021, according to Hindu rites and rituals at
Gurgaon. After the marriage, they lived together in Rewari. Soon after, differences cropped up
between the couple and the appellant (woman) went back to her parental house. Ultimately, they
filed a joint petition under Section 13-B of the Hindu Marriage Act on May 20, 2021 seeking
decree of divorce by way of mutual consent.
As per their petition under Section 13-B of the Hindu Marriage Act, both parties are living
separately since February 17, 2021. Alongwith the said petition, they also filed an application under
Section 14 of the Hindu Marriage Act with a prayer that mandatory period of one year before filing
the petition under Section 13-B of the Act be reduced/condoned. However, the family court,
Gurgaon did not allow the application as well as petition under Section 13-B of the Act.
A division bench of Justices Ritu Bahri and Archana Puri, while hearing the matter, held that soon
after the marriage on February 15, they separated. At the time of marriage, appellant (22) was a
student of M.Sc, whereas the respondent was 23.
“Both are young persons. They are residing separately since February 17, 2021. Moreover, as per
the details given in their petition under Section 13-B of the Act, both parties have already received
all the articles given by them at the time of marriage. It has been further stated that none of them
will claim anything with regard to the past or future maintenance. Since the couple had stayed
together only for two days, this is sufficient ground to allow their application filed under Section 14
of the Act for waiving the mandatory period of one year. Moreover, as per petition filed under
Section 13-B of the Hindu Marriage Act, the mutual agreement has been duly complied with by the
parties,” read the bench order.
The bench thus held that keeping in view the prevailing Covid-19 situation, this court does not
consider it necessary to ask the parties to get their statements recorded before the family court, as it
would cause unnecessary harassment to the parties. The statements made before this court are
sufficient to grant a decree of divorce under Section 13-B of the Hindu Marriage Act, especially
keeping in view that appellant and respondent got married on February 15 and separated on
February 17.
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Justice Bahri thus set aside the July 9 order of the family court, and allowed the petition under
Section 13-B along with application under Section 14 of the Hindu Marriage Act.
“The parties are granted a decree of divorce by mutual consent under Section 13-B of the Act,”
read the order.
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