Joint petition for dissolution of marriage cannot be dismissed for want of reasons for separation: Madras HC(DB) [Read Judgment]
It is not the intention of the legislature to deny divorce, in spite of parties taking a conscious decision to part ways, the Court said.
The Madras High Court in A.C.Mathivanan vs. B.Sathyabama has, set aside a Family Court judgment which had dismissed a Joint petition for divorce on the ground the parties have not mentioned the reasons for their separation.
Setting aside the Judgment of the Family Court, Justices K.K.Sasidharan and B.Gokuldas observed: “In case the marriage is a failure and the parties wanted to put an end to the marital bond, the Court should respect the sentiments and grant the divorce. It is not the intention of the legislature to deny divorce, in spite of parties taking a conscious decision to part ways. The Court cannot enlarge the scope of an enquiry under Sub-section (2) of Section 13-B of the Hindu Marriage Act and act like a fact finding authority. In short, once it is convinced that it would not be possible for the parties to live together and that they have opted to dissolve the marriage peacefully, the endeavour of the Court must be to grant a decree of divorce rather than compelling the parties to live separately even thereafter.”
The Bench further observed: “The reason assigned by the Family Court that parties have not assigned the reasons clearly for not being able to live together is of no relevance at all in a matter like this. It is not for the Court to probe into such reasons and decide as to whether parties were justified in living separately. That is not the scope of a petition filed under Section 13-B of the Hindu Marriage Act”
Observing that the ingredients of Section 13-B of the Act have been made out and substantiated, the High Court granted decree for divorce to the Couple.
Read the Judgment here.