Mrs.Shweta N. Zende v. Nitin R.Zende

when the Petition was filed before the Family Court.

Admit.

We have perused the R. & P. and therefore we proceed to decide the appeal finally. : 2 :

From the record, it is clear that the parties have married on 9.12.2006 and they separated from

12.5.2007. They approached the Family Court with a joint Petition for dissolution of marriage and a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 on 19.6.2008. After waiting for six months, they appeared before the Family Court on 20.12.2008 and the Family Court recorded the confirmation of both the parties. Despite this factual position the Family Court held that the marriage of the parties could not be dissolved as one year of separation was not completed when the Petition was moved before it. This observation is contrary to the facts on record and as noted earlier, the parties are living separately from

12.5.2007 and the joint Petition was presented after thirteen months from the date of separation i.e.

19.6.2008. It is, therefore, apparent on the face of the record that the period of separation of one year was completed when the joint Petition was presented before the Family Court. The impugned order is thus unsustainable as it is contrary to the record.

Even otherwise, the parties are present before us. They have stated that they have been staying separately since 12.5.2007, the joint Petition : 3 : was filed before the Family Court n 19.6.2008 and they desire that their marriage is dissolved and a decree of divorce by mutual consent is granted under Section 13-B of the Hindu Marriage Act, 1955. By way of abundant precaution, their confirmation has been recorded today by the Registrar (Judicial) in which they have reiterated their resolve to dissolve their marriage and obtain a decree of divorce by mutual consent.

Hence this Appeal succeeds and the same is hereby allowed. The impugned order passed by the Family Court is hereby quashed and set-aside. The joint Petition No.F-861 of 2008 stands allowed and consequently the marriage between the parties solemnized on 9.12.2006 hereby stands dissolved by mutual consent and it is directed that a decree of divorce under Section 13-B of Hindu Marriage Act, 1955 be issued forthwith. The amount of Rs.5,00,000/- which has been deposited with the Family Court by the husband is allowed to be withdrawn by the wife towards her permanent alimony.

R. & P. be returned forthwith to the Family Court. : 4 : (S.J.VAZIFDAR, J.)

(B.H.MARLAPALLE, J.)