The Family Court at Alandur has officially dissolved a marriage under Section 13B of the Hindu Marriage Act, noting that the parties had reached a comprehensive settlement regarding all matrimonial disputes. The Court observed that the marriage had reached a point of irretrievable breakdown and that an amicable separation was in the best interest of both litigants.

Counsel’s Submissions: Amicable Settlement and Irretrievable Breakdown

During the proceedings, Mr. Rahul Jagannathan, appearing for the petitioner(s), informed the Court that the parties had arrived at a holistic settlement agreement to end their marital ties. He emphasized that the cooling-off period and the subsequent interaction had confirmed there was no scope for reconciliation.

Mr. Mr. Rahul Jagannathan  specifically highlighted three core pillars of the settlement:

• Exchange of Articles: All personal belongings, jewellery, and “sridhana” articles have been successfully exchanged between the parties, leaving no claims pending regarding movable property.
• Finality of Financial Claims: A one-time settlement regarding permanent alimony and maintenance has been executed. Mr. Rahul Jagannathan submitted that both parties have waived their rights to future financial claims, ensuring no further litigation on this front.
• Irretrievable Breakdown: It was argued that the parties have been living separately for the statutory period and have mutually decided to part ways due to incompatible differences, making the dissolution a matter of mutual dignity.

Court’s Observations and Order

Presiding over the matter, the Family Court Judge verified the terms of the Memorandum of Compromise filed by the parties. The Court interacted with the husband and wife to ensure that the consent for divorce was free from any “force, fraud, or undue influence.”

Key highlights of the Court’s direction:

• Dissolution of Marriage: Based on the joint application and the statements recorded, the Court granted a decree of divorce by mutual consent.
• Compliance with Settlement: The Court took on record the submission that all financial and property issues stood resolved as per the terms argued by counsel.
• Formal Conclusion: The Court directed the registry to draft the decree in accordance with the settlement terms, effectively ending all legal ties between the parties.

Final Decree

The Court concluded that since the parties had settled their differences and were living separately without any chance of reunion, there was no legal impediment to granting the divorce.

“In view of the consensus reached between the parties and the exchange of all matrimonial articles as submitted by the counsel, this Court finds it fit to dissolve the marriage by mutual consent.”

The petition was accordingly allowed, bringing a formal end to the matrimonial proceeding

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