Case Note & Summary
The case involved a mutual divorce application filed by Dinesh Kumar Srivastav and Swati Sinha during the pendency of their appeal. The parties expressed their desire to end their matrimonial relationship and sought a decree of divorce under Section 13-B of the Hindu Marriage Act, 1956. They agreed to withdraw all ongoing civil and criminal proceedings against each other. Dinesh Kumar Srivastav provided a bank draft of Rs.1.25 lakhs to Swati Sinha for her maintenance and deposited Rs.1 lakh for their daughter, Shivani Sinha, under her mother's guardianship. He also committed to pay Rs.2,000 monthly for Shivani's educational expenses until she turned 18, with payments starting from November 2009. The court allowed Dinesh Kumar Srivastav visitation rights with his daughter on specified weekends, directing Swati Sinha to cooperate. The court, considering the circumstances, granted the mutual divorce and stated that non-compliance with the agreement would allow either party to approach the Allahabad High Court. The appeal was disposed of on these terms.
Headnote
A) Family Law - Mutual Divorce - Grant of Decree - Hindu Marriage Act, 1956, Section 13-B - The parties sought a mutual divorce and agreed to withdraw all civil and criminal proceedings against each other. The court granted the decree of divorce by mutual consent and outlined the financial arrangements for maintenance and child support. Held that the mutual agreement and compliance with the Act justified the decree (Paras 1-2).
Issue of Consideration
Whether the parties should be granted a decree of divorce by mutual consent under the Hindu Marriage Act, 1956.
Final Decision
The Supreme Court granted a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1956, and outlined the financial arrangements for maintenance and child support.
Law Points
- Mutual divorce
- Maintenance
- Child custody
- Divorce decree
