Background: Tanuj Syal filed an appeal against the dismissal of his divorce petition under Section 13(1)(a) of the Hindu Marriage Act. The couple, married in 2015, had been living separately since 2016, and no children were born from the marriage.
Legal Argument: The court considered an application to expedite the hearing and convert the divorce petition to Section 13-B of the Act for a mutual consent divorce. Both parties, Tanuj and Isha, presented a written settlement (Annexure A-1) outside court, expressing their desire for a swift resolution.
Court’s Decision: Acknowledging the amicable settlement and the statements from both parties, the court approved the conversion of the divorce petition. Notably, the court waived the standard six-month waiting period specified in Section 13B(2) of the Act. The earlier judgment was set aside, and a decree of divorce by mutual consent was granted.
Maintenance and Expenses: As part of the settlement, Tanuj Syal had already paid Rs. 5 lakhs, and an additional Rs. 15 lakhs were paid during the court hearing. The settlement agreement covered past, present, and future maintenance, along with permanent alimony, bringing a comprehensive resolution to financial aspects.
Conclusion: The court’s decision to grant a mutual consent divorce, expedite the proceedings, and waive the waiting period reflects a balance between legal requirements and the parties’ desire for a swift and amicable resolution. The settlement agreement ensured that financial matters were settled, bringing a conclusive end to the matrimonial dispute between Tanuj and Isha Syal.
Reference
https://www.caselaws.org/punjab-haryana-high-court/tanuj-syal-vs-isha-syal-on-11-january-2021/