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SANGEETA K. VISHEN, NISHA M. THAKORE
Milin Vinodbhai Gandhi – Appellant
Versus
Minal W/o Milin Vinodbhai Gandhi And D/o Niranjanbhai Manuprasad Suthar – Respondent
JUDGMENT :
NISHA M. THAKORE, J.
1. This appeal under section 19 of the Family Courts Act arises out of the judgment and order dated 07.02.2020 passed by the learned Judge, Family Court, Godhra in Family Suit No.19 of 2016 rejecting the petition filed by the present appellant- husband under Section 13(i)(i-a) of the Hindu Marriage Act, 1955.
2. The brief facts as pleaded by the original applicant - husband before the Family Court are in nutshell reproduced herein under.
2.1. The marriage between the appellant and the respondent was solemnized on 08.12.2001 as per the Hindu rites and rituals in presence of their relatives. Since then they became the husband and wife and were initially living happily together. One daughter viz. Hemanya was born out of the said wedlock on 4.11.2004. It is further stated that the respondent- wife was working as data entry operator at Civil Hospital, Godhra where she came in contact with a co-employee with whom she developed a relationship. Later on the respondent having realized about her mistake and though the original petitioner being aware about such fact, had mutually compromised taking into consideration the future of their daughter. It is further stat
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 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....
Marriage can be dissolved by mutual consent between spouses.
The main legal point established in the judgment is the court's interpretation of 'cruelty' under Section 13 (1) (i-a) and 'desertion' under Section 13 (1) (i-b) of the Hindu Marriage Act, 1955, and ....
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 in the judgment is the dissolution of marriage with mutual consent under Section 13(B) of the Hindu Marriage Act.
The court emphasized the need for substantiating allegations of cruelty and highlighted the inapplicability of the ground of 'irretrievable breakdown of marriage' for dissolution of marriage under th....
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