Smt. Sandhya Sen Vs Sanjay Sen on 6 April 2021 Chhattisgarh HC
Court cannot pass decree for judicial separation in petition for divorce by mutual consent.
The provisions contained in Section 13-B of the Act, 1955 does not provide for existence of a ground like the ones contained in Section 13 for grant of divorce by mutual consent. There need not be a serious dispute between a married couple for seeking a divorce by mutual consent. It may happen in a given case that there is no quarrel or dispute between the couple but yet their actions and behaviour are not compatible with each other for living a happy and peaceful married life, therefore, they may seek divorce by mutual consent. If an application is otherwise duly constituted and properly presented before the Court, it is not for the Court to search for a ground or a reason, which has compelled the parties to seek divorce by mutual consent.
11.Having regard to the fact that the parties presented the application under Section 13-B by appearing before the trial Court on 13.3.2018 and thereafter, again appeared on 7.4.2018, 27.10.2018, 4.12.2018 and 12.12.2018, the trial Court should have passed the decree of divorce by mutual consent instead of decree for judicial separation. {Para 10}
