NIKHIL KUMAR Vs. RUPALI KUMAR
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Civil), 4490 of 2016, Judgment Date: Apr 27, 2016
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.
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.
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