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SONIA GOKANI, NISHA M. THAKORE
Niravkumar S/o. Champaklal Vallabhdas Bhavsar – Appellant
Versus
Khushbuben D/o. Nareshbhai Amrutlal Soni – Respondent
ORDER :
(Sonia Gokani, J.)
1. The present appeal has been preferred by the appellant-husband challenging the judgment and decree dated 10.01.2019 passed by the Family Court in the Family Suit No.08 of 2017, by which, the learned Family Court allowed the suit filed by the respondent-wife for divorce and dissolved the marriage. It emerges from the record that the marriage between the parties was solemnized in the year 2001, and out of the said wedlock, a daughter was born, namely, Chitra who is, at present, eighteen years of age and is studying in the first year of college.
1.1 It appears that over a period of time, matrimonial disputes arose between the appellant and the respondent and, therefore, the respondent-wife approached the Family Court by filing Family Suit No.08 of 2017, seeking a decree for dissolution of marriage under section 13(1) (a) of the Hindu Marriage Act. The learned Family Court, after bi-partie hearing, vide its order dated 10.01.2019, allowed the suit and passed a decree for dissolution of the marriage in favour of the respondent-wife. The learned Judge also awarded a sum of Rs.10,00,000/- in favour of the respondent-wife and another sum of Rs.10,00,000/- to th
The significance of Section 15 of the Hindu Marriage Act in regulating remarriage after the dissolution of marriage and the importance of amicable settlements in resolving matrimonial disputes.
The central legal point established is the court's reliance on mutual consent, settlement agreement, and absence of legal impediments to grant a decree of divorce by mutual consent and allow the waiv....
The court emphasized the necessity of mutual consent and the consideration of subsequent developments in divorce proceedings under the Hindu Marriage Act.
The main legal point established in the judgment is the court's authority to convert a petition under Section 13(i)(i-a) of the Hindu Marriage Act to a joint petition for divorce by mutual consent un....
(1) Divorce – Consent of parties is not necessary to declare a marriage dissolved – A dead marriage must be given a decent quietus.(2) Matrimonial Proceedings – Bar of limitation – Word ‘proceedings’....
Remarriage during the appeal period under Section 15 of the Hindu Marriage Act does not invalidate an ongoing appeal, and the legality of such remarriage is to be determined at the final hearing.
The court can grant waiver of the statutory period for divorce by mutual consent based on the parties' long separation and no possibility of reconciliation, and can accept settlement terms if they ar....
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