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R. D. DHANUKA, GAURI GODSE
Mansi Bhavin Dharani – Appellant
Versus
Bhavin Jagdish Dharani – Respondent
JUDGMENT :
1. Heard learned counsel for the Appellant and learned counsel for the Respondent.
2. Admit. Respondent waives service. By consent, taken up for final disposal.
3. By this Appeal fled under Section 19 of Family Court Act, 1984 the original Petitioner (Appellant) challenges the impugned Judgment and decree passed by the Principal Judge, Family Court Mumbai dated 17th February, 2022 thereby passing a decree partially to the extent of prayer clause (a) and whereby the marriage between the Petitioner and the Respondent is dissolved under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The learned Family Court has however kept the Petition pending for the reliefs prayed in prayer clauses (b) and (c) to the Petition. So far as prayer clauses (b) and (c) are concerned, the clause (b) refers that the Respondent be directed to pay maintenance of Rs.80,000/- per month to Petitioner and her son; and clause (c) refers to costs of the present Petition to be granted in favour of the Petitioner.
4. The Appellant and Respondent got married on 14th July, 2013 according to the provisions of Hindu Marriage Act, 1955. The dispute arose between the parties on 11th January 2017. There is a chi
Judgment on admission – Decree under Order 12 Rule 6 of CPC can be made only if there is unequivocal admission of facts by party without reserving any rights.
Courts may grant divorce on the grounds of cruelty and desertion, considering the irretrievable breakdown of marriage as valid grounds, particularly when one party expresses a desire to live separate....
A Divorce Petition can be maintainable under Section 13(1A)(ii) of the Hindu Marriage Act even after a prior dismissal if new grounds exist due to non-resumption of cohabitation.
The right to a fair hearing must be upheld in legal proceedings; ex-parte decrees are void if due process and opportunities to defend are denied.
The main legal point established in the judgment is the court's interpretation of 'cruelty' under Section 13 (1) (i-a) and 'desertion' under Section 13 (1) (i-b) of the Hindu Marriage Act, 1955, and ....
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