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BIREN VAISHNAV, MAULIK J. SHELAT
Nishaben W/O Nareshkumar Dalabhai Bochiya – Appellant
Versus
Nareshkumar Dalabhai Bochiya – Respondent
JUDGMENT :
MAULIK J.SHELAT, J.
1. Both these appeals are filed under Section 19 of Family Courts Act, 1984 (herein after referred as the Act, 1984) arising out of the common judgment and decree passed by Principal Judge at Palanpur, Family Court, District Banaskantha in Family Suit no. 33 of 2020 and Family Suit No.17 of 2021 respectively.
2. The parties to the appeal are appellant - wife and respondent - husband who have solemnized their marriage on 06.12.2019 according to Hindu rites and rituals and their marriage was registered on 10.12.2019. After sometime, the dispute started between the couple, which eventually broken their matrimonial life, whereby wife has left her matrimonial home, which has resulted into filing of Family Suit No.33 of 2020 by husband – respondent under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act, 1955”) for obtaining restitution of conjugal rights. Likewise, the appellant – wife has also preferred a suit as Family Suit No. 17 of 2021, albeit, under the Act, 1955 for obtaining decree of divorce from the respondent – husband. Both these suits appear to have been consolidated and decided by way of impugned common judgment. We
A marriage is invalid if one party is still married to another; informal divorce deeds lack legal standing unless recognized by a competent court.
The appeal was partly allowed to remand the application for permanent alimony, confirming the divorce decree as unchallenged.
The statutory provision allows for divorce if no restitution of conjugal rights occurs for over a year post-decree, validating the grounds for divorce.
Mutual consent divorce can be granted even if one party did not initially contest, provided both parties agree to the terms and conditions.
A subsequent marriage is void if one party is still married at the time of the new marriage, violating the Hindu Marriage Act.
Restitution of conjugal rights – Remedy of restitution of conjugal rights is a positive remedy that requires both parties to live together and cohabit – Rights and duties arising out of marriage are ....
The main legal point established in the judgment is that the appellant failed to prove her marriage with the respondent and her claim of living together as husband and wife, leading to the dismissal ....
Point of law: Bigamous marriages are illegal as per the provisions of law but they are not immoral hence a financially dependent women cannot be denied maintenance, on the ground of being a second wi....
The Family Court can nullify its own divorce decree if obtained through fraud, emphasizing the necessity of meeting legal prerequisites for mutual consent divorce.
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