Allowed

Ankit Kumar Choubey v. Smt. Ambalika

Chhattisgarh HC13 Nov 2024FA(MAT)/342/2024

Case brief

AI extract

What is this about?

The High Court allowed an appeal against a Family Court order rejecting a joint application to condone the one-year waiting period for divorce by mutual consent. Finding no exceptional hardship or depravity but noting the young age of the parties and their settlement, the Court permitted the Section 13B petition and granted the decree.

What did the court decide?

Decree of divorce by mutual consent granted under Section 13B of the Hindu Marriage Act, 1955.

Ankit Kumar Choubey Vs Smt. Ambalika — Matrimonial and Divorce | Chhattisgarh HC (2024)

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2024:CGHC:44413-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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FA(MAT) No. 342 of 2024

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(Arising out of order dated 5-8-2024 passed by the Judge, Family Court, Surajpur, in civil suit No.103-A/2024)

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Ankit Kumar Choubey S/o Kailash Prasad Choubey Aged About 30 Years By Caste Brahmin R/o Village Hathvar, Post Mahora, Thana And Tahsil Patna, Distt. Koriya, C.G.

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... Appellant

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versus

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Smt. Ambalika W/o Ankit Kumar Choubey, D/o Shri Vishnudev Dubey Aged About 27 Years R/o Urja Nagar Jarhi, Q.No, M/445, Ward No. 13, Tahsil Surajpur, Distt. Surajpur, C.G.

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... Respondent

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For Appellant : Mr. Parag Kotecha, Advocate

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For Respondent : Mr. Chetan Singh Chouhan, Advocate

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Hon'ble Mrs. Justice Rajani Dubey &

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Hon’ble Mr. Justice Bibhu Datta Guru

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Judgment on Board

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Per Bibhu Datta Guru, J.

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K GOWRI SANKARA RAO

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Digitally signed by K GOWRI SANKARA RAO Date: 2024.11.19 11:55:55 +0530

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14-11-2024

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1 . Challenge in this appeal is to the order dated 5-8-2024 passed by the

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Judge, Family Court, Surajpur, in civil suit No.103-A/2024 by which the

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application filed under Section 14 (1) of the Hindu Marriage Act, 1955 (for short ‘the Act’) has been rejected.

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2 . A perusal of the order impugned it is manifest that marriage of both the parties was solemnised on 26-2-2024 according to the Hindu rites and rituals at Ambikapur. Soon after the marriage, differences cropped up between the couple and the respondent-wife came back to her parental house realising that they could not live together. Ultimately, they filed a joint application under Section 13B of the Act seeking decree of divorce by way of mutual consent. Along with the application under Section 13B they also filed an application under Section 14(1) of the Act with a prayer that the mandatory period of one year before filing the petition under Section 13B be reduced/condoned. However, the learned Family Court has not allowed the said application. Thus, this appeal.

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3 . For the purpose of presenting a petition under Section 13B of the Act before expiry of one year, Section 14 of the Act would be relevant, which is quoted below :

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14. No petition for divorce to be presented within one year of marriage.- (1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage:

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Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the

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respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

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(2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year.

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4 . Proviso to the above said Section lays down that in case of exceptional hardship or exceptional depravity, if it appears to the Court, the time of one year can be reduced.

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5 . In the case at hand, the marriage between the parties was solemnised on 26-2-2024 and soon after the marriage they separated from each other. At the time of marriage, the appellant-husband was aged about 29½ years whereas the respondent-wife was aged about 26½ years. Both are young persons. Moreover, from the agreement dated 9-7-2024, which was executed between both the parties, it appears that the respondent-wife already received the stridhan . The appellant husband paid an amount of Rs.11.00 lacs towards permanent alimony. Even the car given to the appellant has also been returned to the respondent. It has further been stated that respondent will not claim anything with regard to past or future maintenance.

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6 . On 5-11-2024 both the parties appeared before this Court and pursuant to the direction of this Court, they appeared before the Additional Registrar (Judl.) on the same, who, after due verification and as per the conditions of the agreement, recorded their statement stating that they have no grievance against each other and also stated that no dispute is left between them. They prayed for grant of decree of divorce under Section 13B of the Act. The statements made by the parties are sufficient to grant a decree of divorce under Section 13B, especially keeping in view of the fact that both the couple, who are young persons, got married on 26-2-2024 and separated within a short span of time.

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7 . In view of foregoing, the impugned order dated 5-8-2024 is set aside. The petition under Section 13B along with application under Section 14(1) of the Act is allowed. The parties are grated a decree of divorce by mutual consent under Section 13B of the Act.

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8 . As an upshot, the present appeal is allowed, leaving the parties to bear their own costs.

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9 . A decree be drawn accordingly.

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Sd/Sd/-

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(Rajani Dubey) (Bibhu Datta Guru) Judge Judge

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Gowri

Ankit Kumar Choubey v. Smt. Ambalika

Case brief

What is this about?

What did the court decide?

Ankit Kumar Choubey v. Smt. Ambalika

Case brief

What is this about?

What did the court decide?

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