IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C) NO.400 OF 2009

Priyanka Singh …Petitioner  

Versus

Jayant Singh …Respondent

O R D E R  

1. This is a petition for transfer of Divorce Petition No.1118 of 2008  

titled Shri Jayant Singh vs. Smt. Priyanka Singh pending in the Court of  

Civil Judge (Senior Division), Gautam Budh Nagar (U.P.) to District Court,  

Koderma (Jharkhand).

2. While issuing notice, this Court stayed further proceedings of the  

divorce case.  On 15.5.2009, the parties appeared in person and presented  

a  joint  application  for  grant  of  decree  of  divorce  by  mutual  consent.  

However, as the averments necessary for making out a case under Section

13B of the Hindu Marriage Act, 1955 (for short ‘the Act’) were not made in  

the application, the case was adjourned with a direction to the parties to  

file  an appropriate application.   Thereafter,  the parties  jointly  filed I.A.  

No.3 of 2009 with the prayer that their marriage be dissolved by granting  

a decree of divorce by mutual consent.  They also filed an application (I.A.  

No.4 of 2009) under Section 13B of the Act for dissolution of marriage by a  

decree  of  divorce  by  mutual  consent  by  stating  therein  that  due  to  

temperamental  incompatibility,  the  parties  have  not  been  able  to  live  

together as husband and wife; that they have been living separately since  

12.3.2005 and that the marriage is irretrievably broken down.  It has also  

been averred that there is no chance of reconciliation between the parties  

and after due intervention of the family members and other relatives, they  

have decided to seek a decree of divorce by mutual consent.  Both the  

I.As are supported by the affidavits of the parties.  

3. We have  heard  learned  counsel  for  the  parties  and  perused the  

record.  Keeping in view the fact that the parties are living separately for  

last  more  than  4  years  and  6  months  and  there  is  no  chance  of  

reconciliation between them and also the fact that they have agreed to  

dissolve their marriage by mutual consent without any coercion or undue  

influence,  we  deem  it  proper  to  accept  the  prayer  made  in  the  two  

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applications  for  dissolution  of  marriage.   Accordingly,  Divorce  Petition  

No.1118 of 2008 titled Shri Jayant Singh vs. Smt. Priyanka Singh pending  

in the Court of Civil Judge (Senior Division), Gautam Budh Nagar (U.P.) is  

transferred to this Court and marriage between the parties is dissolved by  

granting a decree of divorce by mutual consent in terms of Section 13B of  

the Act.

4. The transfer petition is disposed of in the manner indicated above.

……………………………….…J. [R.V. RAVEENDRAN]

………………………………..J. [G.S. SINGHVI]

New Delhi November 10, 2009

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