Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Rohit Kumar Gayakwad, S/o. Late Chirounji Gayakwad – Appellant
Versus
Santoshi Gayakwad, W/o. Rohit Kumar Gayakwad – Respondent
| Table of Content |
|---|
| 1. background on marriage and divorce application (Para 2 , 3) |
| 2. arguments concerning appellant's claims and conduct (Para 4 , 8) |
| 3. details on court proceedings and absence of respondent (Para 7 , 11) |
| 4. requirements for mutual consent under section 13b (Para 9 , 10 , 13 , 14) |
| 5. mutual consent as jurisdictional for divorce decree (Para 15 , 16 , 17) |
| 6. conclusion on the appeal dismissal (Para 18) |
ORDER :
Rajani Dubey J.
1. Heard on admission.
2. The appellant has filed the present appeal against the order dated 11.09.2024 passed by the learned 3rd Additional Principal Judge, Family Court, Durg (C.G.) in Civil Suit No.814/2023, whereby the learned Family Court dismissed the application filed by the appellant and the respondent jointly under Section 13 (B) of the Hindu Marriage Act.
3. Brief facts of the case are that the marriage of the appellant and the respondent was solemnized on 14.04.2000 as per Hindu Rites and Rituals at Durg but soon after their marriage, dispute arose between them and they started living separately. Subsequently, they filed mutual divorce case under Section 13 (B) of the Hindu Marriage Act on the condition that the appellant would pay Rs.20 Lakhs to
Mutual consent under Section 13(B) of the Hindu Marriage Act must be continuous until decree issuance; absence of one party negates consent and justifies application dismissal.
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 court ruled that under the Hindu Marriage Act, parties can seek permission to file for divorce by mutual consent within one year of marriage, considering exceptional circumstances.
The court established that the six-month waiting period under Section 13B of the Hindu Marriage Act is directory, permitting waiver when reconciliation is not feasible.
Exceptional circumstances can warrant the waiver of the mandatory one-year period before filing a petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, as provided in S....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
