Mutual Divorce Petition Cannot Be Dismissed Abruptly Merely Because Mediation Failed Due To Non-Appearance Of Parties: Karnataka HC
The Karnataka High Court observed that a mutual divorce petition should not be abruptly dismissed merely because mediation failed due to non-appearance of parties.
The Court was considering an appeal against a Family Court that dismissed a dissolution of marriage petition within nine months, a period significantly shorter than the stipulated waiting period of eighteen months for cases involving attempts at reconciliation, as mandated by Section 13B(2) of the Hindu Marriage Act.
The trial Court had referred the matter to mediation, but the parties did not appear. The Mediation Centre reported non-settlement due to the parties' absence. The trial Court, in an impugned order, recorded that the parties were trying for reunion and dismissed the petition.
A Division Bench of Justice K.S. Mudagal and Justice K.V. Aravind held, “the petition was dismissed within nine months. Even if it is accepted that the parties submitted before the trial Court that they are trying for reunion then Section 13B(2) of the Act required the trial Court to wait till eighteen months to enable the parties to report the settlement. Therefore the trial Court committed error in dismissing the petition on its own without the request of the parties for such disposal.”
Advocate Smitha N. appeared for the Appellants.
The Court outlined the requirements for passing an order under Section 13B.
The Court noted that the petition was dismissed within nine months, contrary to the required waiting period of eighteen months in case of attempts at reconciliation. The trial Court was criticized for not referring the matter back to mediation and for acting against Section 13B(2) of the Act. The Court added, “If the matter was returned from the Mediation Centre for non-appearance of the parties, the trial Court at least should have referred the matter again to the Mediation Centre without dismissing the petition abruptly. The trial Court has acted contrary to Section 13B(2) of the Act. Therefore, the impugned order is liable to be set aside and the matter requires to be remitted.”
The Court allowed the appeal, set aside the impugned order, and directed the parties to appear before the Bengaluru Mediation Centre. After mediation, the parties were instructed to appear before the trial Court on the same day.
The trial Court was directed to proceed with the matter based on the mediation report and dispose of the petition promptly.
Cause Title: Srishti Daiv & Anr. v. NIL, [2023:KHC:41691-DB]
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