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R. N. MANJULA
R. Bharath Bafna – Appellant
Versus
Priyanka – Respondent
ORDER :
[PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.5 of 2021 in O.P.No.5347 of 2019 dated 24.05.2022, pending on the file of II Additional Family Court, Chennai and thereby pass a decree of divorce declaring the marriage between the parties to be dissolved under Section 13B(2) of the Hindu Marriage Act, 1955.]
This Civil Revision Petition has been preferred challenging the order of the learned II Additional Family Court, Chennai, in I.A.No.5 of 2021 in O.P.No.5347 of 2019 dated 24.05.2022.
2. Heard Mr. T.C.S. Raja Chockalingam, learned counsel for the petitioner and Mr. G. Sathish Kumar, learned counsel for the respondent and perused the materials available on record.
3. The short facts of the case are as follows :
The revision petitioner and the respondent got married on 01.05.2012 and started to live as husband and wife at the petitioner's residence. Due to incompatibility between the couple, they started to live separately since 10.08.2017. Since the couple could not patch up their differences, they came to a conclusion that their marriage has broken down irretrievably. Hence th
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....
Point of law: Requirement under Section 13B(2) of Hindu Marriage Act is the “motion of both parties”.
The main legal point established in the judgment is that the right to withdraw consent in a petition for dissolution of marriage by mutual consent is subject to the provisions of the relevant law and....
A party may withdraw consent for mutual divorce at any time before the decree, affecting maintenance claims.
Consent for mutual divorce must remain until the petition is disposed of; withdrawal at any time before that invalidates the petition.
Withdrawal of consent to mutual divorce under Section 13B(2) of the HMA does not constitute abuse of process, as mutual consent must exist at both stages of divorce proceedings.
The judgment emphasizes the importance of mutual consent for divorce under Section 13-B of the Hindu Marriage Act, 1955, and the significance of Rule 31 of the Family Courts (Maharashtra) Rules, 1987....
Withdrawing consent to a mutual divorce under Section 13B(2) of the HMA does not constitute an abuse of process of law, allowing criminal proceedings to continue.
The necessity of mutual consent for divorce under Section 13-B of the Hindu Marriage Act is emphasized, invalidating decrees made post-withdrawal of consent.
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