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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
Saroj Chandra Jha, son of Sri Indra Kant Jha – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. background of marriage and legal actions taken (Para 2 , 3 , 4 , 5) |
| 2. petitioner's claim regarding maintenance and divorce (Para 6 , 7 , 8) |
| 3. opposite party's position on withdrawal of consent (Para 9 , 10) |
| 4. legal principles on mutual consent in divorce proceedings (Para 14 , 15 , 19) |
| 5. final ruling on maintenance order (Para 20 , 21) |
JUDGMENT, J.
SANDEEP KUMAR, J.
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party nos.2 to 4.
2. This revision petition has been filed against the order dated 27.06.2019 passed by the learned Principal Judge, Family Court, Madhubani, in M.R. Case No.82 of 2015, whereby and whereunder the Principal Judge has allowed the petition filed by the opposite party nos. 2 to 4 under Section 125 Cr.P.C. and directed the petitioner to pay an amount of Rs.3,500/- per month to the opposite party no.2 (wife) as maintenance.
3. It is the case of the petitioner that the marriage between petitioner and opposite party no.2 was solemnized according to Hindu rites and rituals on 27.02.2009 and they were blessed with a son and a daughter. The opposite party no.2 filed Mahila P.S. Case No. 15 of
A party may withdraw consent for mutual divorce at any time before the decree, affecting maintenance claims.
Point of law: Requirement under Section 13B(2) of Hindu Marriage Act is the “motion of both parties”.
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....
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.
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 necessity of mutual consent for divorce under Section 13-B of the Hindu Marriage Act is emphasized, invalidating decrees made post-withdrawal of consent.
The main legal point established in the judgment is that once a party has acted upon the consent terms and fulfilled their obligations, the other party cannot unilaterally withdraw consent unless the....
A party receiving permanent alimony cannot subsequently claim maintenance for themselves, but minor children are entitled to maintenance regardless of the parent's financial agreements.
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