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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, SANJAY KUMAR JAISWAL
Jyoti Varkade, W/o. Govind Shah – Appellant
Versus
Govind Shah, S/o. Shri Komal Shah – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. Heard on I.A.No.1/2024 for condonation of delay in filing the instant appeal.
2. On due consideration and having heard learned counsel for the parties, I.A.No.1/2024 is allowed and delay in filing the appeal is hereby condoned.
3. The appellant herein has preferred this appeal under Section 19(1) of the Family Courts Act, 1984 calling in question legality, validity and correctness of judgment & decree dated 22-9-2023 passed by the 2nd Additional Principal Judge, Family Court, Bilaspur in Civil Suit No.735-A/2023, by which the Family Court has dissolved the marriage under Section 13B of the Hindu Marriage Act, 1955 on the basis of divorce taken on mutual consent.
4. When the matter is taken-up for hearing, Mr. Gaurav Singhal, learned counsel appearing on behalf of the respondent herein, would submit that the appeal is not maintainable in view of the bar contained in Section 19(2) of the Family Courts Act, 1984, as Section 19(2) clearly bars appeal from a decree or order passed by the Family Court with the consent of the parties, since in the instant case, both the parties have filed application and both have signed the application for decree of divorce
An appeal under the Family Courts Act is not maintainable when a divorce decree is based on mutual consent as stipulated by Section 19(2).
Divorce by mutual consent – No appeal would be maintainable against decree for divorce by mutual consent.
An appeal against a decree of divorce by mutual consent is not maintainable if the consent is claimed to be obtained through fraud or misrepresentation.
An appeal against a consent decree under Section 13-B of the Hindu Marriage Act, 1955 is maintainable under Section 28 of the Act, and the court may set aside a divorce decree if the parties are livi....
An appeal against a consent decree under Section 13-B of the Hindu Marriage Act is maintainable, especially when the parties have reconciled.
Point of Law : Orders relating to custody of wards even when based on consent are liable to be varied by Court, if welfare of wards demands variation."
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 emphasized that mediation is crucial for resolving family disputes, permitting divorce without waiting for statutory periods when both parties have settled their issues.
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