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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No. 4490 OF 2016 (Arising out of SLP (c) No.12161 of 2016)

NIKHIL KUMAR                                       Appellant                                 VERSUS RUPALI KUMAR                                Respondent

J U D G M E N T

KURIAN,J.

1. Leave granted.

2. The appellant and respondent have filed the petition under  Section 13-B(1) of the Hindu Marriage Act, 1955 before the Family  Court (Principal Judge, Family Court, Tiz Hazari District Courts),  Delhi. The parties were married on 07.02.2011 according to the  customary rights. It is submitted that they have not been able to  workout their marriage as husband and wife since day one.  For the  last around five years, most of the time they have been living  separately and their marriage reached a breaking point more than a  year back. Both the parties, after giving serious thought on the  entire  consequences  of  their  decision,  have  taken  a  conscious  decision to part and accordingly they have filed a petition before  the Family Court for divorce on mutual consent on 29.03.2016.  The  Family Court granted the First Motion on 01.04.2016 and now, the  matter is posted in the month of October, 2016.

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3. The respondent has made a travel plan to move to New York on  29.04.2016 seeking a job and resettlement in life, after a long  period of traumatic experiences of her married life as stated in  the affidavit.

4. In  the  above  circumstances,  the  appellant  has  filed  the  present appeal praying for waving the six months' waiting period  required under Section 13-B(2) of the Hindu Marriage Act, 1955,  invoking our jurisdiction under Article 136 read with Article 142  of the Constitution of India.

5. The respondent has appeared in person. She was directed to  file  an  affidavit  before  this  Court.  The  respondent  in  the  affidavit has endorsed the submission that they were not happy ever  since their marriage in 2011. It is stated that with the set-back  of a broken marriage, the respondent needs a change in environment  and thus, she has proposed to move to New York and it would be  difficult for her to get back to India after six months or even in  the near future.  It is further stated that both of them have  realized the consequences of their decision and they have taken the  decision out of their free will and without any undue influence or  coercion.

6. Both  the  parties  have  appeared  before  the  Court.   The  appellant was born in the year 1984, and is graduate in commerce.  He is working as senior manager in a private firm. The respondent  was born in the year 1982 and she also is a graduate.

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7. The respondent is scheduled to leave the country by 29.04.2016  and it is not possible for her to return to India within six months  or in the near future, it is submitted.

8. Having regard to the educational background of the appellant  as well as the respondent, and the entire facts and circumstances,  we feel that it is a very peculiar situation where this Court  should  invoke  its  jurisdiction  under  Article  142  of  the  Constitution  of  India  for  doing  complete  justice  between  the  parties.  We do so.

9. In  the  above  circumstances,  HMA  No.272  of  2016  filed  on  29.03.2016  before  the  Ld.  Principal  Judge,  Family  Courts,  Tiz  Hazari District Courts, Delhi under Section 13-B(1) of the Hindu  Marriage Act, 1955 is allowed. The statutory period of six months  is waived and the marriage between the parties is dissolved.

10. The Registry to communicate a copy of this judgment to the  Family Court forthwith.

11. The appeal is allowed as above.  No order as to costs.

                                           …....................J                                         (KURIAN JOSEPH)

                        …....................J (ROHINTON FALI NARIMAN)

NEW DELHI APRIL 27, 2016