Case Note & Summary
The dispute involved a petition pending before the Principal Judge, Family Court, Bengaluru, where the parties sought resolution through a settlement deed. The parties, represented by their respective counsel, placed a settlement deed dated December 24, 2021, on record, indicating that all disputes had been resolved. Clause 3 of the settlement deed provided for passing a decree of divorce by mutual consent. The prayer in the interlocutory application (I.A. No. 170013 of 2021) was to convert the pending petition into a petition for divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955. The court considered the joint submission of the parties and the terms of the settlement deed. The legal issue centered on whether the pending petition could be converted into a mutual consent divorce petition based on the settlement. The arguments were straightforward, with both counsels stating that the parties had resolved all disputes as per the settlement deed. The court analyzed the provisions of Section 13(B) of the Hindu Marriage Act, 1955, which allows for divorce by mutual consent and includes a cooling period. The court reasoned that since the parties had amicably settled and the settlement deed provided for mutual consent divorce, the petition should be converted accordingly. The period of pendency of the petition was to be treated as the cooling period required under Section 13(B). The decision involved disposing of the petition by taking the settlement deed on record and directing the parties to appear before the Family Court for conversion and decree passage. The court ordered the Family Court to convert the pending petition into one under Section 13(B), treat the pendency as the cooling period, and proceed to pass a decree in terms of the settlement.
Headnote
A) Family Law - Divorce by Mutual Consent - Conversion of Petition - Hindu Marriage Act, 1955, Section 13(B) - Parties filed a settlement deed resolving all disputes and sought conversion of a pending petition into a divorce by mutual consent petition - Court directed the Family Court to convert the petition under Section 13(B) and treat the pendency period as the cooling period, proceeding to pass a decree in terms of the settlement - Held that the settlement deed is taken on record and the petition is disposed of with directions for appearance and conversion (Paras 1-2).
Issue of Consideration
Whether the pending petition before the Family Court can be converted into a petition for divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955 based on a settlement deed resolving all disputes.
Final Decision
The court disposed of the petition by taking the settlement deed on record, directing the parties to appear before the Family Court on March 4, 2022, and ordering the Family Court to convert the pending petition into a petition under Section 13(B) of the Hindu Marriage Act, 1955, treat the pendency period as the cooling period, and proceed to pass a decree in terms of the settlement.
Law Points
- Divorce by mutual consent
- settlement deed
- conversion of petition
- cooling period under Section 13(B) of Hindu Marriage Act
- 1955
