T.S.(M) No. 15/2020.

19.12.2020. Learned counsels for the petitioners is present. This application under section 28 of the Special Marriage Act, 1954 has been preferred jointly by Shri Nipujyoti , son of Shri Dharani Kalita, resident of Dakhin Gaon, Saukuchi, P.O. - Kahilipara, P.S. - , District- Kamrup Metro, , the petitioner No.1 and Smti. Deepshikha Pathak, wife of Shri Nipujyoti Kalita, permanent resident of Dakhin Gaon, Saukuchi, P.O. - Kahilipara, P.S. - Dispur, District- Kamrup Metro, Assam, presently residing at Chandmari, Purbanchal Path, Ward No.10, P.O. & P.S. - , District- Golaghat, Assam, the petitioner No.2 on 18.03.2020 praying for passing a decree of divorce by dissolving the marriage between the petitioners on mutual consent. It is averred in the petition that both the petitioner No. 1 and petitioner No. 2 are citizens of by birth and Hindu by religion. The marriage between the petitioner No.1 and petitioner No.2 was solemnized on 21.11.2016 according to Hindu rites and customs and thereafter, they registered their marriage on 17.05.2017 under the Special Marriage Act, 1954 before the Office of the Marriage Officer, Kamrup Metro, and the said marriage is still subsisting. After solemnization of the marriage, both the petitioners Nos. 1 and 2 were residing at the residence of the petitioner No.1 as husband and wife at Dakhin Gaon Saukuchi, P.O. - Kahilipara, P.S. - Dispur, District- Kamrup Metro, Assam from 21.11.2016 to the month of June, 2017. In the month of June, 2017, they shifted from the aforesaid address to Chandmari, Purbanchal path, Ward No.10, Golaghat Town, P.O. & P.S. - Golaghat, District – Golaghat, Assam, as because, the petitioner No.2 got the job of Post Graduate Teacher at Kamarbandha Higher Secondary School, Golaghat and since then they have 19.12.2020. been living at Golaghat as husband and wife till their separation. After separation, the petitioner No.1 left the petitioner No.2 and shifted to his earlier address. Since, then both the petitioner Nos. 1 and 2 are living separately till today. No any issue was born out of their wedlock. Soon after the marriage, owing to differences in temperament, habits, tastes, thoughts and increasing incompatibility, the relationship between the petitioners deteriorated, as a result, frequent quarrels took place between them. After a serious quarrel on 03.11.2018, the petitioner No. 1 had left the companion of the petitioner No.2 and since then the petitioner No.1 has been living separately from the petitioner No.2. The petitioner No.2 has also no objection in this regard. Both the petitioner Nos. 1 and 2, therefore, finally separated owing to inconciliable differences in habits and temperament on 03.11.2018. Many efforts and attempts were made by their mutual friends and relatives to give effect for reconciliation and for resumption of their marital relationship but it has become impossible and impracticable to continue their marital tie due to differences in temperament and incompatibility arose between them. The petitioner No.1 had broken his marital relationship with the petitioner No.2 for reason of his own and out of free will and withdrawn himself from the society of the petitioner No.2 since 03.11.2018 and since then he has been living separately at his own residence at Dakhin Gaon, Saukuchi, P.O. - Kahilipara, P.S. - Dispur, District- Kamrup Metro, Assam. For the aforesaid circumstances, both the petitioner No.1 and petitioner No.2 have mutually agreed and decided that there is no point for continuance of their marital relationship and have further agreed upon for dissolution of their marriage by a decree of divorce. Both the petitioners further stated that the petitioner No.2 is an 19.12.2020. employee of State Government and she will not claim/ demand any kind of alimony from the petitioner No.1 in future. Under the above facts and circumstances, both the petitioners have prayed for passing a decree for divorce by mutual consent under section 28 of the Special Marriage Act, 1954. Both the petitioners have submitted their evidence in Affidavit in support of the contents of their petition. I have gone through the same carefully. Also I have heard learned counsels for both the petitioners. It appears that the marriage between the petitioner No.1 and petitioner No.2 was solemnized on 21.11.2016 and thereafter, they registered their marriage on 17.05.2017 according to provisions of the Special Marriage Act, 1954 before the Marriage Officer, Kamrup Metro, Guwahati. The petitioners have exhibited the Marriage Certificate as Ext-1. After solemnization of the marriage, both the petitioners have cohabited with each other and lived together as husband and wife up to 03.11.2018. Thereafter, some incompatibility cropped up between the parties and both the parties are living separately from each other and both of them are not willing to live together and to lead a normal matrimonial life. The marriage between the parties has broken down irretrievably and there is no chance of future cohabitation or resumption of conjugal life between the parties. Both the petitioners have submitted that out of free will and accord, they have separated from each other and hence, they have mutually decided and agreed to put end of their marital relationship by obtaining a decree of divorce from the Court on mutual consent. Under the above facts and circumstances, they have prayed for dissolving their marriage by a decree of divorce. 19.12.2020. It also appears that the petition was presented before this Court on 18.03.2020. Since then more than nine months elapsed. And it also appears that after solemnization of the marriage between the petitioners in the year 2016, this petition for divorce on mutual consent has been presented after more than four years. After hearing learned counsel for the petitioners and having gone through the Affidavits submitted by the petitioners, I am satisfied that-

(i) The marriage has been solemnized between the parties; (ii) The parties have been living separately for more than two years before presenting the petition; (iii) They were not able to live together at the time of presenting the petition and continued to live apart; (iv)They have mutually agreed to dissolve the marriage before or at the time, the petition was presented; (v) Decree has been sought on mutual consent and such consent has not been obtained under influence, fraud or by force;

Having satisfied above, I am of the view that the petition deserved to be allowed. Accordingly, the same is allowed. Marriage between the petitioners stands dissolved. Prepare a decree accordingly.