ASHUTOSH SHASTRI, HEMANT M. PRACHCHHAK
KANCHAN RAJESHKUMAR AHUJA D/O KANHAIYALAL KRIPLANI – Appellant
Versus
RAJESHKUMAR THNAWARDAS AHUJA – Respondent
ORDER :
1. By way of present Appeal, the appellant-wife has challenged the impugned judgment and ex-parte decree dated 10.12.2021 passed in Family Suit No. 780 of 2018 by the learned Judge, Family Court, Ahmedabad and whereby the learned Judge has allowed the suit and ordered to dissolve the marriage solemnized between the original petitioner-husband and original respondent-wife.
2. The brief facts giving rise to present appeal are that the marriage between present appellant-wife and respondent-husband was solemnized on 03.11.2007 as per Hindu rites and rituals. Thereafter, the appellant and respondent were staying together as husband and wife in USA and India and after some time, matrimonial dispute arose between the appellant and the respondent and, therefore, some time quarrel took place between them.
2.1 In view of aforesaid facts, the respondent-husband had filed Family Suit No. 780 of 2018 for decree of divorce against the appellant-wife under Section 13(1) of the Hindu Marriage Act, 1955 (herein after referred to as the “Act”). The Family Court vide order dated 10.12.2021 allowed the said Family Suit and ordered that marriage solemnized between the husband and wife dissolved on
The main legal point established in the judgment is the significance of amicable settlements in cases of irretrievable breakdown of marriage relationships, as provided under Section 13(b) of the Hind....
The court upheld the validity of an amicable settlement in divorce cases, recognizing the irretrievable breakdown of marriage as a basis for granting a decree of divorce.
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....
Point of law: Requirement under Section 13B(2) of Hindu Marriage Act is the “motion of both parties”.
The judgment emphasizes the significance of mutual consent in divorce proceedings under the Hindu Marriage Act, 1955, and the court's authority to dissolve a marriage under Article 142 of the Constit....
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 court can invoke its powers under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent and quash criminal proceedings based on a settlement agreement.
Divorce by mutual consent requires both parties to agree on terms, including financial settlements, and can lead to quashing of all related pending cases.
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....
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."
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