Case Overview
Parties Involved:
- Petitioner 1: Mr. A
- Petitioner 2: Mrs. B
Marriage Details:
- Marriage Date: 22nd December 2017
- Marriage Act: Hindu Marriage Act, 1955
- Location: Kolkata, India
Background:
Mr A and Mrs B entered into matrimony on the 22nd of December, 2017, under the Hindu Marriage Act of 1955, following an engagement arranged by their respective families on or around the 16th of December, 2016. The couple has resided together in their matrimonial home since 2017.
Breakdown of Marriage
Over time, irreconcilable temperamental differences arose between Mr A and Mrs B, leading to a significant strain on their marriage. Despite multiple attempts at reconciliation, including interventions from family and friends, the couple found it impossible to continue living together as husband and wife. By 2019, Mr. A and Mrs. B decided to live separately.
Mutual Consent for Divorce
Acknowledging the failure of reconciliation efforts, Mr. A and Mrs. B mutually decided to dissolve their marriage. They filed for divorce under mutual consent, as stipulated in the Hindu Marriage Act of 1955. All claims were settled amicably, and Mrs B received her stridhan articles as part of the settlement.
Court Proceedings and Order
During the court proceedings, the following points were noted:
- Hearing and Evidence: The court heard the line of reasoning from both Mr. A and Mrs. B, along with evidence that supported their claims of irreconcilable differences and failed reconciliation attempts.
- Reconciliation Efforts: Multiple attempts at reconciliation were documented, all of which were unsuccessful.
- Decision to Live Separately: Both parties expressed their firm decision to live separately and not reconcile.
Final Judgment
Based on the evidence provided by Kshetry and Associates and the consistent statements from both parties, the court concluded that Mr. A and Mrs. B were unwilling to reconcile and preferred to dissolve their marriage. Consequently, the court granted a decree of divorce under mutual consent in accordance with the Hindu Marriage Act of 1955.
Conclusion
The dissolution of the marriage due to mutual consent between Mr A and Mrs B serves as a case study of mutual consent divorce under the Hindu Marriage Act of 1955. It highlights the legal framework for handling cases where reconciliation fails, and both parties agree to part ways amicably.
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