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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
REVATI MOHITE DERE, SANDESH D.PATIL
Vivek Anand – Appellant
Versus
Anupam Anand – Respondent
JUDGMENT :
Sandesh D. Patil, J.
1. Heard learned Counsel for the parties.
2. Rule. Rule is made returnable forthwith and with the consent of the parties the Family Court Appeal is taken up for final disposal.
3. Mr. Darshan Mehta appearing for the Respondent waives notice on behalf of the Respondent.
4. By the present Family Court Appeal, the Appellant- Husband is challenging the Judgment-Decree and Order dated 31.12.2008 passed by the learned Judge, Family Court No.3, Bandra, Mumbai in Marriage Petition (M.J. Petition) No.1173 of 2005 passed on 31.12.2008 whereby the Marriage Petition filed by the Appellant-Husband for divorce under the provisions of Sections 13 (1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 was dismissed and counter-claim filed by the Respondent- Wife was partly allowed.
5. The present Family Court Appeal was admitted by this Court [Coram : A. M. Khanwilkar and A. A. Sayed, JJ ] vide order dated 19.07.2010.
6. The marriage between the parties was solemnized on 18.05.1995 at Mumbai. Out of the said wedlock, parties have a daughter- Siya, born on 07.03.1996.
7. The Appellant-Husband had filed the Marriage Petition (M.J. Petition) No.1173 of 2005 before the learned
The court upheld mutual consent divorce under the Hindu Marriage Act, validating the parties' settlement and waiving the statutory waiting period.
Mutual consent for divorce under Hindu Marriage Act is acceptable when parties confirm irretrievable breakdown, allowing for the waiver of the statutory waiting period.
Mutual consent divorce can be granted even if one party did not initially contest, provided both parties agree to the terms and conditions.
The court recognized the validity of mutual consent divorce under the Hindu Marriage Act, allowing parties to settle alimony and custody amicably, quashing previous allegations of cruelty.
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....
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