Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manoj Jain, JJ.
Md Naushad - Appellant
Versus
The State & Anr. - Respondents
W.P.(Cr) 786 of 2024 & Cr.M.A. 7350 of 2024
Decided On : 07-03-2024
Petition - Divorce and Second Marriage - Court found that the wife had taken divorce from the petitioner with mutual consent and had remarried of her own free will, thus no further order was required.
Fact of the Case:
The petitioner sought the production of his wife and prompt action on his complaint by the police.
Finding of the Court:
The court found that the wife had taken divorce from the petitioner with mutual consent and had remarried of her own free will, and thus no further order was required.
Issues: Petition seeking the production of the wife and prompt action on the petitioner's complaint.
Ratio Decidendi: The court determined that since the wife was an adult and had remarried of her own free will, no further order was necessary.
Final Decision: The petition was disposed of accordingly.
JUDGMENT (oral)
1. Present petition has been filed by petitioner seeking following prayer:-
"(a) To direct the S.H.O. of P.S. Shahabad Dairy to produce the Corpus i.e. wife of the Petitioner;
(b) To direct the S.H.O. of P.S. Shahabad Dairy through D.C.P. of Outer-North to act promptly on the Complaint of the Petitioner i.e. Dy. No.1463 dated 28/02/2024."
2. Issue notice. Learned Standing for the State accepts notice on behalf of the State. He has produced the status report dated 07.03.2024. The same is taken on record.
3. As per status report, during the course of investigation, Ms. Savina Khatun aged 24 years, D/o Md. Kamin had been traced out and her statement has been recorded in which she had stated that a few months back, she took divorce from her previous husband Md. Naushad (petitioner herein) with mutual consent on 16.12.2023 and also produced the divorce papers. She further claimed that she has now got married to one Md. Irshad as per prevalent rituals on 28.01.2024 and her such second marriage has been solemnized with her consent and without any pressure and fear.
4. Ms. Savina Khatun, d/o Md. Kamin is present in Court in person and reiterates that at present she is staying with Md. Irshad (her husband) from second marriage whom she got married at her own will without any pressure and fear. She further submits that she is happy with her married life and would like to continue to live with her husband (Md. Irshad).
5. Since Ms. Savina Khatun is an adult and wishes to stay with her husband Md. Irshad and has every right to take decisions of her own, no further order is required to be passed in the present petition.
6. Petition is, accordingly, disposed of.
The court upheld the right of an adult to make decisions regarding marriage and found that no further order was required in the case.
Adult's right to make their own decisions regarding living arrangements.
The autonomy and consent of a major individual in matters of marriage and living arrangements should be respected.
Mutual consent is a sufficient ground for divorce under Section 13B of the Hindu Marriage Act, and the court has the discretion to waive the cooling-off period when both parties agree.
The court's decision was based on the voluntary statement of the wife, indicating that she was not being illegally detained or kidnapped.
The court emphasized the necessity of mutual consent and the consideration of subsequent developments in divorce proceedings under the Hindu Marriage Act.
A divorced wife cannot claim residence order or enforce an earlier residence order under the Domestic Violence Act after leaving the shared household and subsequent divorce.
Point of law: Requirement under Section 13B(2) of Hindu Marriage Act is the “motion of both parties”.
A party may withdraw consent for mutual divorce at any time before the decree, affecting maintenance claims.
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
