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BIREN VAISHNAV, MAULIK J. SHELAT
ANJU, W/O SATISH AHUJA, D/O GOPALDAS KODWANI – Appellant
Versus
SATISH SHRICHAND AHUJA – Respondent
JUDGMENT :
(MAULIK J. SHELAT, J.)
1. ADMIT. Ms.K.J.Brahmbhatt learned advocate waives service of notice of admission on behalf of the defendant no.1.
2. The present appeal is filed under Section 19 of the Family Courts Act by the appellant while challenging the judgement and decree dated 27.12.2018 passed by the Family Court, Court No.3, Vadodara, in Family Suit No.210 of 2014, whereby, the Family Court has dissolved the marriage of plaintiff-husband and defendant-wife and granted the decree of divorce in favour of the plaintiff-husband.
3. The marriage between the parties was solemnized on 28.04.2010 at Surat as per Hindu rituals and out of the wedlock, they were blessed with a daughter viz. Aahna on 03.05.2011.
4. It appears from the impugned judgement that disputes erupted between the parties which eventually resulted into filing of Family Suit No.210 of 2014 by husband seeking dissolution of marriage and praying for divorce decree.
5. During the pendency of the present appeal, an amicable settlement has taken place between the parties and they want divorce by mutual consent. Such consent terms duly executed and signed by parties are taken on record. The terms of mutual consent r
The court recognized the validity of mutual consent divorce under the Hindu Marriage Act, allowing parties to settle alimony and custody amicably, quashing previous allegations of cruelty.
Mutual consent divorce can be granted even if one party did not initially contest, provided both parties agree to the terms and conditions.
The central legal point established in the judgment is the significance of mutual consent and the dissolution of marriage by mutual consent, and the consequences of default in the settlement agreemen....
Mutual consent divorce under Section 13B of the Hindu Marriage Act granted when parties affirm irretrievable breakdown.
Marriage can be dissolved by mutual consent between spouses.
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.
Mutual consent for divorce under Hindu Marriage Act is acceptable when parties confirm irretrievable breakdown, allowing for the waiver of the statutory waiting period.
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 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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