NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No. 22913 OF 2017         (ARISING OUT OF SLP (C) No.31476/2016)

A.V.G.V. Ramu    ...Appellant(s)

VERSUS

A.S.R. Bharathi       ….Respondent(s)

J U D G M E N T

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed by the husband against the

final judgment and order dated 29.08.2016  passed

by  the  Division  Bench  of  the  High  Court  of

Judicature at Hyderabad for the State of Telangana

and the State of Andhra Pradesh in F.C.A. No. 131

of  2016  whereby  the  High  Court  dismissed  the

appeal  filed  by  the  appellant  herein  against  the

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order dated 14.09.2015 passed by the Family Court,

Hyderabad  in  O.P.  No.9  of  2015  dismissing  the

petition filed by both the parties for mutual divorce

under Section 13-B of the Hindu Marriage Act, 1955

(hereinafter referred to as “the Act”).

3. Facts of the case lie in a narrow compass so

also the issue involved in the appeal is very short. It

would be clear from the narration of the facts infra.

4. The  appellant  is  the  husband  whereas  the

respondent is the wife.  Both have married second

time. The husband has one daughter aged around 7

years  from  his  first  marriage  whereas  the

respondent has no issue from the first marriage or

the second one. The marriage in question took place

on 11.08.2013.  

5. Unfortunately,  the  second  marriage  also  did

not go well. The appellant and the respondent had

several  differences soon after  the marriage,  which

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eventually resulted in their living separately which

continued till date.

6. On  30.12.2014,  the  appellant  and  the

respondent with a view to end all disputes and their

marriage  entered  into  an  Agreement/MOU

(Annexure-P-8) for dissolution of their marriage with

consent and agreed to make an application under

Section 13-B of the Act.  

7. Pursuant  thereto  both,  the  appellant  and

respondent, filed an application under Section 13-B

of the Act before the Family Court at Hyderabad on

31.12.2014  being  O.P.No.  9/2015.  Thereafter  the

case was adjourned for 06.07.2015, 07.07.2015 and

12.09.2015.  The  respondent,  however,  did  not

appear  on any of  these  dates.  The Family  Judge,

however, on 14.09.2015 took up the case on expiry

of six months’ cooling period and finding that the

respondent  did  not  appear  in  the  proceedings

dismissed the application.  

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8.  The appellant felt aggrieved and filed appeal

under Section 28 of the Act in the High Court of

Andhra Pradesh out of which this appeal arises. In

the said appeal, learned counsel appearing for the

respondent (wife) stated that her client (wife) does

not  give  consent  for  dissolution  of  marriage.  The

High  Court,  therefore,  dismissed  the  appeal  by

impugned judgment, which has given rise to filing of

this appeal by way of special leave in this Court by

the husband.

9. Notice  of  this  appeal  was  sent  to  the

respondent. Despite service, no one appeared for the

respondent on any of the dates of  hearing of  this

appeal.  

10. Having  heard  the  learned  counsel  for  the

appellant and on perusal of the record of the case,

we are of the considered opinion to allow the appeal

and while setting aside of the judgment/order of the

Family  Court  and  the  High  Court  allow  the

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application  made  by  the  appellant  and  the

respondent  under  Section  13-B  of  the  Act  and

dissolve  their  marriage  in  terms  of  the

Agreement/MOU dated 30.12.2014. This we prefer

to do with the aid of our powers under Article 142 of

the  Constitution  and  also  for  the  reasons  given

below.

11. First, the parties have admittedly entered into

an Agreement/MOU dated 30.12.2014 (Annexure-P-

8) agreeing therein to get their marriage dissolved by

obtaining  decree  from  the  Court.  Second,  the

Agreement/MOU  bears  the  signatures  of  the

appellant and respondent. Third, respondent never

denied her signature on the Agreement/MOU nor its

execution  and  nor  its  contents.  Fourth,  both  the

parties pursuant to Agreement/MOU actually filed

an  application  under  Section  13-B  of  the  Act

seeking  dissolution of  their  marriage  duly  signed.

Fifth, the respondent never stated before the Family

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Court during the cooling period of six months that

she wants to wriggle out of the application and does

not  wish  to  give  her  consent  for  mutual  divorce.

Sixth, the respondent also did not appear in person

before  the  High  Court  and  nor  filed  any  affidavit

except to say through her lawyer. Seventh, parties

have been living separately for the last four years

due  to  which  their  marriage  has  become

irretrievable and there is no point in keeping such

marriage  alive  because  when asked  the  appellant

whether  he  is  prepared  to  continue  with  the

marriage and would like to live with the respondent,

his  lawyer  declined.  Lastly,  despite  service  of  the

notice of this appeal, the respondent too has also

not appeared in this Court on any of the dates of

hearing  and  nor  sent  any

letter/affidavit/application or written request of any

kind so as to know her stand in the appeal.  This

shows that the respondent is also not interested in  

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keeping  the  marital  relations  alive  with  the

appellant.

12. In a situation like the one arising in the case,

there is no reason for us to doubt the genuineness

of the Agreement/MOU and its contents. Keeping in

view the conduct of the respondent and further  in

the light of  eight reasons set out above, we find this

case to be fit one where we invoke our powers under

Article 142 for passing a decree for  dissolution of

marriage between the parties in terms of the joint

petition dated 30.12.2014 (Annexure -P-8).

13. It is for all these reasons, the appeal succeeds

and is allowed. Impugned judgment is set aside. As

a consequence, the joint petition (O.P. No.9 of 2015)

filed  by  the  appellant  and  the  respondent  under

Section 13-B of the Act in the Family Court (City

Civil Court) at Hyderabad is allowed.  

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14. The marriage  between the  appellant  and the

respondent performed on 11.08.2013 is accordingly

dissolved by decree of divorce.    

                                         ………...................................J. [R.K. AGRAWAL]

                         …...……..................................J. [ABHAY MANOHAR SAPRE]

New Delhi; December 14, 2017

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