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Haryana

After mutual divorce, marriage reinstated

January 17, 2019 07:17 AM

courtesy  toi  jan 17

After mutual divorce, marriage reinstated
Ajay.Sura@timesgroup.com

Chandigarh:

In an interesting verdict, the Punjab and Haryana high court has reinstated the marriage of a couple from Jhajjar in Haryana who had taken divorce with mutual consent from a lower court, but later wanted to stay together. In their plea for reinstatement of marriage, the couple claimed that they had opted for divorce because of unfounded emotions and momentary temperamental differences.


The couple had got married on July 6, 2014 as per Hindu rites and ceremonies at Bahadurgarh in Haryana’s Jhajjar district. They had a daughter but due to some temperamental differences they decided to separate and obtain a decree of divorce by way of mutual consent. They approached the district court in Jhajjar for dissolution of their marriage on May 25, 2018 and their marriage was dissolved by the court on November 29, 2018.


MARRIAGE REINSTATED

Court takes view it’s never late to mend

As per the settlement, it was decided that the husband would pay Rs 4 lakh towards full and final settlement to the wife in lieu of the consent for grant of divorce and the custody of their minor child would remain with the husband.

Later, the couple realised their mistake and decided to live together, forgetting their past, forgiving each other for whatever has happened between them, for the better future of their only child. They then approached the HC with a common prayer that the judgment through which their marriage was dissolved by the Jhajjar court be set aside.

Allowing their plea, high court division bench, comprising Justice Rakesh Kumar Jain and Justice Anupinder Singh Grewal, observed that perhaps because of such circumstances a six-month cooling off period is provided in the Hindu Marriage Act for the parties to rethink about their decision to get separated by way of decree of divorce.

“We are happy that both the husband and wife have approached this court for correcting their mistake not only because they have found that their decision was not good for themselves, but also realized that by getting divorce they will be depriving love and affection of both the father and the mother to their only child Thus, in these peculiar facts and circumstances, when both the parties have forgiven each other and have decided to live together, this court is of the view that it is never late to mend and therefore, we allow this appeal and set aside the decision by which their marriage was dissolved by the lower court,” the division bench said.

The bench faced the hurdle of Section 96 (3) of the Code of Civil Procedure (CPC), according to which there is no provision for appeal on a decree passed by the court with the consent of parties. The couple was granted divorce by the lower court with their mutual consent under Section 13-B of the Hindu Marriage Act and therefore the appeal was not maintainable.

The bench, however, relied on the division bench order of the Punjab and Haryana high court passed in 1986 in which a similar situation had arisen after a couple’s divorce and it had decided that the appeal against the consent decree passed under Section 13-B is appealable and Sub Section 3 of Section 96 of the CPC has no bar

 
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