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BIREN VAISHNAV, MAULIK J. SHELAT
Poonamben Jagdishbhai Patel W/O Jagdishbhai Bhagvanbhai Patel D/O Gandalal Joitaram Patel – Appellant
Versus
Jagdishbhai Bhagvanbhai Patel – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE MAULIK J.SHELAT)
1. The present appeal is filed by the original plaintiff who happens to be the wife of the respondent under Section 19 of the Family Courts Act, 1984 (hereinafter to be referred to as ‘the Act, 1984’ for short) challenging the impugned judgement and decree dated 24.07.2023 passed by the Principal Judge, Family Court, Mehsana, in Family Suit No.130 of 2021.
2. For the sake of brevity, the parties may be referred as per the original status in the suit.
3. The short facts of the case appears to be as under:
3.1 The plaintiff got married on 04.10.2007 with the defendant and out of their wedlock they were blessed with a son viz. Nikshit on 08.01.2013. It appears that the differences started thereafter which ultimately resulted into a mutual divorce executed by the parties vide deed of divorce on 01.09.2021.
3.2 The plaintiff-wife appears to have filed a Family Suit No.130 of 2021 before the Family Court, Mehsana, under Section 13(1)(B) of the Hindu Marriage Act, 1955 (hereinafter to be referred to as ‘the Act, 1955’ for short). The plaintiff prayed for dissolution of marriage on ground of mutual consent and further seek permanent custo
Mutual consent divorce can be granted even if one party did not initially contest, provided both parties agree to the terms and conditions.
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.
The court upheld mutual consent divorce under the Hindu Marriage Act, validating the parties' settlement and waiving the statutory waiting period.
An appeal under the Family Courts Act is not maintainable when a divorce decree is based on mutual consent as stipulated by Section 19(2).
The appeal was partly allowed to remand the application for permanent alimony, confirming the divorce decree as unchallenged.
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....
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