Allowed¶25

Ashish Kumar Shukla v. Smt. Preeti Sharma

Chhattisgarh HC6 Apr 2026FA(MAT)/65/2024

Case brief

AI extract

What is this about?

Mutual consent dissolution of marriage; waiver of six-month statutory period under Section 13B(2)/13-B(2) Hindu Marriage Act relying on Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746; permanent alimony Rs.15,00,000/- (Rs.15 lac.) paid via SBI Cheque No.099751 on 06.04.2026; rejection of husband's divorce suit by Family Court Balod set aside; decree of divorce on mutual settlement ordered to be drawn by Registry; appeal allowed; parties bear own costs; Chhattisgarh High Court Bilaspur FA(MAT).

What did the court decide?

Appeal allowed to the extent indicated: impugned Family Court order dated 15.01.2024 set aside; statutory six-month period under Section 13-B(2) waived; marriage dissolved on mutual consent under Section 13B, Hindu Marriage Act, 1956, with decree to be drawn by the Registry; parties left to bear their own costs. ¶25

Ashish Kumar Shukla Vs Smt. Preeti Sharma — Matrimonial and Divorce | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the order dated 15.01.2024 of the Family Court, Balod (CG) rejecting the appellant-husband's suit for decree of divorce should be set aside. +1 more

¶17

Court's answer

The impugned order dated 15.01.2024 (Annexure-A/1) passed by the learned Family Court rejecting the divorce suit is hereby set aside.

¶24

Ratio / Principle

Relying on the decision of the Supreme Court in Amardeep Singh v. Harveen Kaur, the statutory waiting period of six months under Section 13-B(2) of the Hindu Marriage Act is waived off, the parties having settled amicably, filed a joint Section 13B application supported by affidavits, and resided separately for more than a year.

¶24

Key takeaways

The marriage between the appellant and the respondent is dissolved under Section 13B of the Hindu Marriage Act, 1956 on mutual consent, and a decree to that effect is to be drawn by the Registry of this Court.ratio¶24

Detailed headnote1 paragraphs

HIGH COURT OF CHHATTISGARH AT BILASPUR, Division Bench (Hon'ble Sanjay K. Agrawal and Hon'ble Sachin Singh Rajput, JJ.), Judgment by Sanjay K. Agrawal, J, dated on board 07.04.2026 - FA(MAT) No. 65 of 2024. The appellant-husband appealed against order dated 15.01.2024 of the Family Court, Balod (CG) rejecting his suit for a decree of divorce. During the pendency of the appeal the parties settled amicably: the respondent-wife was paid Rs.15,00,000/- (Rs.15 lac.) as permanent alimony on 06.04.2026 vide Cheque No.099751 of State Bank of India, the parties' statements were recorded by the Registrar (Judicial) on 06.04.2026, and they jointly filed an application under Section 13B of the Hindu Marriage Act supported by affidavits, having resided separately for more than a year. Invoking the Supreme Court decision in Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, the Court waived the statutory six-month period under Section 13B(2), set aside the impugned order, dissolved the marriage under Section 13B on mutual consent, and directed the Registry to draw the decree of divorce; the appeal was allowed with parties bearing their own costs.

¶1

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Digitally SAIFAN signed KHAN bySAIFAN KHAN

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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FA(MAT) No. 65 of 2024

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Ashish Kumar Shukla S/o Shri Manoharlal Shukla Aged About 42 Years R/o 27 Kholi, Indrasen Nagar, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh.

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... Appellant

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Versus

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Smt. Preeti Sharma W/o Shri Ashish Kumar Shukla, D/o Shri Bhushan Lal Sharma Aged About 38 Years R/o Kurmipara, Ward No. 9, Balod, District : Balod, Chhattisgarh

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... Respondent

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[Cause-title taken from Case Information System (CIS)]

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For Appellants : Mr. Pritam Tiwari, Advocate For Respondent-State : Mr. Trevenee Shankar Sahu, Advocate

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Division Bench

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Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Shri Justice Sachin Singh Rajput

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Judgment on Board (07.04.2026)

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Sanjay K. Agrawal, J

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In this appeal the appellant-husband is challenging order dated 15.01.2024 (Annexure-A/1), whereby his suit for grant of decree of divorce has been rejected by the learned Family Court, Balod (CG).

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However, during the pendency of this appeal, the appellant and the respondent have filed applications for settlement of the dispute and it is also stated that an amount of Rs.15,00,000/-, as permanent

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alimony, is also said to have been paid by the appellant to the respondent on 06.04.2026 vide Cheque No.099751 of State Bank of India. Further, the parties have also filed an application under Section 13B of the Hindu Marriage Act, dully supported by affidavit of the appellant and the respondent, seeking dissolution of their marriage and grant of a decree of divorce on mutual settlement.

¶21

Learned counsel appearing for the parties jointly submits that the appellant and the respondent are residing separately for more than 01 year and since their dispute has already been settled and the respondent-wife has been paid a sum of Rs.15 lac. by the appellant-husband as maintenance, in light of the decision of the Supreme Court in Amardeep Singh v. Harveen Kaur1 , the statutory period under Section 13B (2) of the Hindu Marriage Act may be waived off and the marriage of the parties may be dissolved and a decree of divorce be also drawn accordingly.

¶22

In that view of the matter, since the dispute between the parties have already been settled amicably and they have filed application for settlement, upon which, their statements have also been recorded by the Registrar (Judicial) of this Court on 06.04.2026 and the respondent-wife has been paid a sum of Rs.15 lac. by the appellant-husband as permanent alimony on 06.04.2026 vide Cheque No.099751 and the parties have also filed an application under Section 13B of the Hindu Marriage Act, dully supported by 1 (2017) 8 SCC 746

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¶24

affidavits of the appellant and the respondent, seeking dissolution of their marriage and grant of decree of divorce on mutual settlement and they are also living separately for more than 01 year and in light of the decision of the Supreme Court in Amardeep Singh (supra) the statutory period of six months provided under Section 13-B(2) is waived off. Consequently, impugned order dated 15.01.2024 (Annexure-A/1), passed by the learned Family Court, is hereby set aside. The marriage between the appellant and the respondent is hereby dissolved under Section 13B of the Hindu Marriage Act, 1956 on mutual consent and it is directed that a decree to that effect be drawn accordingly by the Registry of this Court.

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The appeal is allowed to the extend indicated herein-above leaving the parties to bear their own cost.

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sd/sd/(Sanjay K. Agrawal) (Sachin Singh Rajput) Judge Judge

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s@if

Ashish Kumar Shukla v. Smt. Preeti Sharma

Case brief

What is this about?

What did the court decide?

Ashish Kumar Shukla v. Smt. Preeti Sharma

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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