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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Doyel Dey – Appellant
Versus
Judge, Family Court, Balasore – Respondent
| Table of Content |
|---|
| 1. the factual background to the mutual divorce case. (Para 1 , 2) |
| 2. arguments regarding the withdrawal of consent. (Para 3) |
| 3. court observations on legal standards for mutual consent. (Para 4 , 5) |
| 4. final conclusion and instructions for the family court. (Para 6) |
JUDGMENT :
1. This writ petition by the petitioner-wife prays to set aside the impugned judgment dated 22.11.2021 passed by the learned Judge, Family Court, Balasore in C.P. No. 532 of 2020 dissolving the marriage between the petitioner and OP No.2 U/S. 13-B of Hindu Marriage Act, 1955 on mutual consent.
3. In the course of hearing, on being prayed, the name of Mr. Satyajit Mohapatra & associates stand deleted from the cause list as brief as counsels for OP No.2. However, Ms. Sailabala Jena, learned counsel appearing for the petitioner by relying upon the decision passed by the Apex Court in Smt. Sureshta Devi vs. Om Prakash ; AIR (1992) SC 1904 submits that the Court cannot pass decree on mutual consent U/S.13-B of Hindu Marriage Act, if any of the spouses withdraws his/her consent before passing of the decree of divorce, but notwithstanding to withdrawal of such consent by the writ-petitioner, the learned t
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.
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 once a party has acted upon the consent terms and fulfilled their obligations, the other party cannot unilaterally withdraw consent unless the....
Consent for mutual divorce must remain until the petition is disposed of; withdrawal at any time before that invalidates the petition.
A party may withdraw consent for mutual divorce at any time before the decree, affecting maintenance claims.
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....
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....
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