Back
BIREN VAISHNAV, MAULIK J. SHELAT
Komal Rahul Dewan – Appellant
Versus
Rahul Roshan Dewan – Respondent
JUDGMENT :
MAULIK J.SHELAT, J.
1. ADMIT. Party-in-person – the respondent herein waives service of notice of admission of appeal. With the consent of parties, the appeal is taken up for final hearing.
2. The present appeal is filed under Section 19 of the Family Courts Act at the instance of original applicant-wife challenging the part of the judgement and decree passed on 24.11.2022 by Family Court No.2, Ahmedabad, in Family Suit No.1218 of 2021, whereby, the Family Court has disposed of the application of the plaintiff filed below Exh.13 under Section 25 of the Hindu Marriage Act, 1955 (hereinafter to be referred to as ‘the Act, 1955’ for short) as not pressed.
3. The short facts of the case appears to be as under:
3.1 The plaintiff solemnized her marriage with the defendant on 24.11.1999 at Delhi. At the relevant point of time she was only 19 years old and out of their wedlock they were blessed with a daughter viz. Sumedha on 21.12.2001 and son Mrigank on 11.02.2009 at Delhi. Both these children are at present with the plaintiff. A dispute arose between the couple which ultimately resulted into filing of Family Suit No.1218 of 2021 by plaintiff-wife under Section 13(1) of the Act, 19
The appeal was partly allowed to remand the application for permanent alimony, confirming the divorce decree as unchallenged.
A marriage is invalid if one party is still married to another; informal divorce deeds lack legal standing unless recognized by a competent court.
Permanent alimony under Section 25(1) of the Hindu Marriage Act requires an application to be filed; without it, the court lacks jurisdiction to consider the claim.
Mutual consent divorce can be granted even if one party did not initially contest, provided both parties agree to the terms and conditions.
The Family Court can nullify its own divorce decree if obtained through fraud, emphasizing the necessity of meeting legal prerequisites for mutual consent divorce.
The principle of res judicata applies to matrimonial disputes, preventing re-litigation of previously dismissed claims of cruelty and desertion.
Settlement between parties in divorce cases leads to modification of earlier decrees under the Hindu Marriage Act.
The court clarified that ex parte proceedings can be set aside to ensure both parties are heard, but maintenance orders under Section 24 cannot be challenged through Order IX, Rule 7 CPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
