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A. S. GADKARI, NEELA GOKHALE
Anurag Vijaykumar Goel – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
NEELA GOKHALE, J.
1. The Petitioner seeks quashing of criminal proceedings bearing C.C. No. 1336/PW/2018 pending before the Metropolitan Magistrate, 15th Court at Sewree, Mumbai, arising out of C. R. No. 63 of 2018 dated 19th April 2018 registered with the Kalachowki Police Station, Mumbai for the offences punishable under Sections 498-A & 406 read with 34 of the Indian Penal Code, 1860 (“IPC”).
2. The issue for determination in the present proceedings is, whether withdrawing consent to a mutual divorce as contemplated under the provision of Section 13B(2) of the Hindu Marriage Act, 1955 (“HMA”) amounts to abuse of process of law, sufficient to justify quashing of the criminal proceedings impugned herein.
3. The proceedings between the parties have a checkered history. It began with a Petition for divorce bearing HMA No. 669 of 2022, filed by the Petitioner herein against the Respondent No. 2 in the Family Court, Saket, New Delhi. Pursuant to a reference to mediation, a Settlement Agreement was executed. In terms of the Settlement Agreement, the parties had filed a First Motion under Section 13B(1) of the HMA before the Family Court, Saket, New Delhi and the Court recorded t
Withdrawing consent to a mutual divorce under Section 13B(2) of the HMA does not constitute an abuse of process of law, allowing criminal proceedings to continue.
Withdrawal of consent to mutual divorce under Section 13B(2) of the HMA does not constitute abuse of process, as mutual consent must exist at both stages of divorce proceedings.
The main legal point established in the judgment is that mutual consent for divorce must continue until the decree is passed, and the court must be satisfied about the existence of mutual consent bet....
Point of law: Requirement under Section 13B(2) of Hindu Marriage Act is the “motion of both parties”.
Settlement agreements must be honored; withdrawal from mutual consent divorce lacks basis unless substantiated by coercion or fraud.
The judgment emphasizes the importance of mutual consent for divorce under Section 13-B of the Hindu Marriage Act, 1955, and the significance of Rule 31 of the Family Courts (Maharashtra) Rules, 1987....
The right to seek divorce under Section 13-B of the Hindu Marriage Act is personal and does not survive after the death of a party.
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