Capt. Arun Nain v. Smt. Payal Nain

CORAM:- HON'BLE MR. JUSTICE RAJIVE BHALLA. HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA. Present: Mr. S.K. Hooda, Advocate for the appellant. Mr. Kulbir Narwal, Advocate for the respondent. ..... TEJINDER SINGH DHINDSA, J. A matrimonial dispute led to the filing of a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as 'the Act') by the appellant-Capt. Arun Nain, now Lt. Colonel, seeking a decree of divorce from the respondent. Such petition was dismissed by the Additional District Judge (Fast Track Court) Rohtak vide judgment dated 29.07.2009. The present appeal is directed against the aforementioned order. During the pendency of the appeal, the appellant-husband and the respondent-wife arrived at a consensus that it was not possible for them to continue with the wedlock and accordingly, agreed to dissolve their marriage by a decree of divorce by mutual consent. The appellant filed an application for altering the original petition filed under Section 13 of the Act to a petition under Section 13-B of the Act FAO No. M-268 of 2009 (O&M) -2- for grant of divorce by mutual consent. Vide order dated 21.05.2012 passed by a Coordinate Bench, the original petition filed under Section 13 of the Act was allowed to be altered to a petition under Section 13-B of the Act and the statements of the appellant and the respondent were recorded. It was specifically noticed in the order dated 21.05.2012 that the parties have since entered into a compromise and have settled their dispute and as per settlement arrived at, a payment of Rs.32,50,000/- already stands made to the respondent-wife. The respondent-wife, who was present in Court on 21.05.2012 confirmed the fact of having entered into such settlement and made a statement that she would have no objection if the application filed by the appellant-husband was allowed and the petition filed under Section 13 be permitted to be converted into the petition under Section 13-B of the Act. Accordingly, the matter was adjourned to 27.07.2012 for making first motion statements and the parties were directed to be present in Court on such adjourned date. On 27.07.2012, the affidavits on behalf of the parties in support of their statements praying for grant of divorce by mutual consent, were filed in Court and the same were taken on record. The matter was adjourned to

28.01.2013. Today both the parties have caused appearance before this Court along with their respective counsel and have got recorded their statements suffered before this Court, which read in the following terms: FAO No. M-268 of 2009 (O&M) -3- “Statement of Arun Nain, now Lt. Colonel, son of Lt. Colonel Raj Singh Nain, resident of C-42, AWHO Colony, Mawana Road Meerut (U.P.) on S.A. I have filed a petition under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as the “1955 Act”). After due consideration of all relevant matters, I have arrived at a considered conclusion that there is no possibility of re-conciliation. During this period of six months, we have not been able to bridge our differences or arrive at a conclusion, that would enable us to live together as husband and wife. The petition under Section 13-B of the 1955 Act may be allowed and our marriage may be dissolved by grant of a decree of divorce by mutual consent.” “Statement of Smt. Payal Nain wife of Capt. Arun Nain, daughter of Lt. Col. (Retd.) Rajender Singh Rana, Security Officer, J.K. Sugars Limited, Meer Ganj, District Bareily, 243504 (U.P.), now resident of H.No.B-405, Rail Vihar, Sector 15, Part II, Gurgaon (Haryana) on S.A. I have filed a petition under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as the “1955 Act”). After due consideration of all relevant matters, I have arrived at a considered conclusion that there is no possibility of re-conciliation. During this period of six months, we have not been able to bridge our differences or arrive at a conclusion, that would enable us to live together as husband and wife. I have agreed to the grant of dissolution of marriage by mutual consent without FAO No. M-268 of 2009 (O&M) -4- any fraud or collusion or coercion. The petition under Section 13-B of the 1955 Act may be allowed and our marriage may be dissolved by grant of a decree of divorce by mutual consent.” Counsel for the parties pray that there is no possibility of re-conciliation and there being no possibility for the parties to reside together under the same roof, their marriage be dissolved by grant of divorce by mutual consent. We have heard counsel for the parties, perused the record of the case as also the affidavits filed. We are satisfied that the prayer for grant of decree of divorce by mutual consent is bonafide. Clearly, the parties have arrived at a mutual decision to bring their matrimonial alliance to an end so that they may proceed with their lives afresh. We have even interacted with the parties and it is clear that there is no possibility of a conciliation. As such, it would not be in the interest of the parties to continue with such an unhappy marriage. As such, we allow this petition. The marriage between the appellant-husband, Capt. Arun Nain, now Lt. Colonel and respondent-wife, Smt. Payal Nain is dissolved forthwith. Both the parties shall remain bound of their statements suffered before this Court. Decree sheet be drawn up accordingly. (RAJIVE BHALLA) JUDGE (TEJINDER SINGH DHINDSA) JUDGE January 28, 2013 harjeet FAO No. M-268 of 2009 (O&M) -5-