K S SUBRAMANIAN Vs. STATE

JUDGEMENT

(1.) Aggrieved by the order of the Subordinate Judge, Poonamallee datede 24-9-2001 made in H.M.O.P. No. 58 of 2001 dismissing the joint petition filed for divorce by consent under S. 13 B of the Hindu Marriage Act, 1955, the petitioners have preferred the above revision under Article 227 of the Constitution of India. The petitioners have filed the said O.P. before the Subordinate Court, Poonamallee under S. 13 B for divorce by mutual consent. In the said petition, it is stated that the petitioners got married on 22-9-1960 at Dindigul as per customary rituals under Hindu Marriage Act, 1955. After the said marriage, they lived together at various places and they last resided at No.5, 2nd Cross Street, Ramappa Nagar, Perungudi, chennai 600 096 which is the house built and owned by the first petitioner. They have one son and one daughter born out of their wed lock. The son is aged 39 years and is married and is now teaching at Canada in a University and is well settled. Their daughter is aged about 31 years who is also highly qualified and is married to the citizen of U.S.A. and is also settled in U.S.A. It is further stated that the petitioner could not live with each other as serious differences have crept in between them on many personal and other issues which could not be reconciled. Therefore, the second petitioner took up a separate residence at Flat 2A Place view Apartments, 88, Santhome High Road, R.A. Puram, Chennai 600 028 and started living from that place since 15-1-2000.

(2.) Ever since the second petitioner took up separate residence, the petitioners have had deep discussions and deliberations and found that they are not compatible to each other and they cannot continue the marriage any more. the Petitioners have been living separately for a period of more than one year prior to the presentation of this petition. The first petitioner is a retired official from the Asian Development Bank at Manila and is a pensioner and the second petitioner is a retiree from the Tamil Nadu Government service and she is also a pensioner. Both of them do not have any liability to maintain each other and they have no claim or obligation to be performed by any one to the other petitioner.

(3.) In these circumstances they filed a petition under S. 13 B of the Hindu Marriage Act to dissolve their marriage mutually.