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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Gaurang Kanth, JJ.
Praveen Rajan – Appellant
Versus
Rekha – Respondent
MAT.APP.(F.C.) 207 of 2018
Decided On : 26-04-2023
Divorce - Mutual Consent - Settlement of Disputes
Fact of the Case:
Parties settled their disputes and agreed to grant divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955.
Finding of the Court:
The court accepted the settlement and dismissed the appeal as withdrawn.
Issues: Settlement of disputes, grant of divorce by mutual consent
Ratio Decidendi: The court considered the willingness of both parties to grant divorce without any financial claims and accepted the settlement.
Final Decision: The appeal was dismissed as withdrawn, and parties were bound by their statement.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Parties are present in person. They submit that they have settled their disputes. Respondent submits that she is willing to grant divorce to the appellant and does not expect anything towards her past, present, future maintenance or any amount towards permanent alimony. She submits that she is willing to grant divorce without taking any money from the appellant and she shall be able to sustain herself on her own. The statement is taken on record.
2. The appellant who is present in person submits that he is also willing to grant divorce.
3. Parties undertake that they shall be applying for grant of divorce by way of mutual consent under Section 13B of the Hindu Marriage Act, 1955. The parties undertake that they shall be approaching the competent court for grant of divorce within one month. The undertakings are accepted.
4. Keeping in view of the facts that the parties separated in the year 01.04.2012 and the subject petition for divorce was filed by the appellant on 28.05.2012, on an application being moved, the family court shall duly take into account the said facts and waive off the statutory period of six months.
5. In view of the above, learned counsel for the appellant submits that the appellant does not wish to press the appeal any further and seeks leave to withdraw the same.
6. The appeal is accordingly dismissed as withdrawn. Parties are bound down to their statement.
Willingness of parties to grant divorce without financial claims under Section 13B of the Hindu Marriage Act, 1955.
The central legal point established in the judgment is the court's discretion to allow the amendment and conversion of a divorce petition under the Hindu Marriage Act, 1955, and the consideration of ....
The court upheld the principle of mutual consent in divorce proceedings and exercised discretion to grant waiver of the statutory period based on the circumstances of the case.
Parties may resolve disputes through mutual consent and valid Settlement Agreements to expedite divorce proceedings under the Hindu Marriage Act.
The court recognized the validity and influence of a settlement agreement in setting aside a decree of divorce and converting a petition into a mutual consent divorce petition under the Hindu Marriag....
The court has the discretion to allow parties to settle their disputes and convert a petition under the Hindu Marriage Act into a petition for grant of divorce by mutual consent, considering the waiv....
Mutual consent for divorce allows for waiving the statutory period under the Hindu Marriage Act, facilitating the resolution of family disputes amicably.
The central legal point established in the judgment is the significance of mutual consent in seeking divorce under Section 13B of the Hindu Marriage Act, 1955, and the court's discretion to grant wai....
The court may grant waiver of the stipulated period for divorce by mutual consent based on the elapsed time from the settlement agreement and the parties' prolonged sufferings.
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