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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
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 2015 under sections 341, 327, 498(A), 379, 504, 506 and 34 of the Indian Penal Code and under sections 3 and 4 of the Dowry Prohibition Act against her husband (petitioner) and his family members on the allegation that on 30.10.2014 her in laws ousted the opposite party no.2 from her Sasural after assaulting and snatching her belongings. Subsequently, M
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.
Consent for mutual divorce must remain until the petition is disposed of; withdrawal at any time before that invalidates the petition.
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