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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
REVATI MOHITE DERE, SANDESH D.PATIL
Jitendra Ashok Patkar – Appellant
Versus
Poonam Jitendra Patkar @ Poonam Vijay Rawool – Respondent
Judgment:
(Per 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 matter is taken up for final disposal.
3. Mr. P. M. Arjunwadkar appearing for the Applicant/ Respondent waives notice on behalf of the Respondent.
4. The present Appeal is directed against the Judgement- Decree and Order dated 14.10.2016 passed by the learned Principal Judge, Family Court, Mumbai in Marriage Petition No. A–1053 of 2014, whereby the Marriage Petition filed by the Appellant-Husband against the Respondent-Wife under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 seeking for divorce on the ground of cruelty, was dismissed.
5. The marriage between the parties was solemnized on 11.03.2012 at Maharashtra High School No.2, Dadar (West), Mumbai.
6. This Family Court Appeal was admitted by this Court (Coram: K.K. Tated & B. P. Colabawalla, JJ.) vide Order dated 12.03.2018.
7. During the pendency of the present Appeal, the parties tried to explore the possibility of settlement. The matter was kept in chambers of chambers from time to time in order to enable the parties to amicably settle the matter.
8. Today, the partie
Mutual consent for divorce under Hindu Marriage Act is acceptable when parties confirm irretrievable breakdown, allowing for the waiver of the statutory waiting period.
The court upheld mutual consent divorce under the Hindu Marriage Act, validating the parties' settlement and waiving the statutory waiting period.
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.
Marriage can be dissolved by mutual consent between spouses.
The court can grant waiver of the statutory period for divorce by mutual consent based on the parties' long separation and no possibility of reconciliation, and can accept settlement terms if they ar....
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