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LISA GILL, RITU TAGORE
Kulwinder Kaur – Appellant
Versus
Gurmit Singh Jilk – Respondent
JUDGMENT :
(Ritu Tagore, J.)
Prayer in the present appeal is for setting aside judgment dated 18.08.2020 passed by learned Additional Principal Judge, Family Court, Hoshiarpur, Camp Court Dasuya (hereinafter to be referred as the "Family Court"), whereby petition under Section 13-B of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as the 'Act') in HMA case No.22 of 28.01.2020 titled 'Kulwinder Kaur v. Gurmit Singh Jilk' for dissolution of marriage between the parties by mutual consent has been allowed.
2. Brief facts of the case are that marriage between the parties was solemnized on 29.03.2006 as per Sikh rites at village Raiya, Tehsil Dasuya, District Hoshiarpur. It is pleaded appellant No.1 and 2 were in live-in relationship before marriage and appellant No.1 gave birth to a male child namely, Harmandeep Singh, whose date of birth is 18.11.2005 and is presently living in care and custody of appellant No.2-father in Germany. With the efforts of respectables and relatives, marriage between the parties was solemnized on 29.03.2006. They lived and cohabited together as husband and wife at village Jahura Tehsil Dasuya, District Hoshiarpur. Two months after their marriage appel
An appeal against a consent decree under Section 13-B of the Hindu Marriage Act, 1955 is maintainable, and the court's involvement in decision making in the consent decree is crucial.
An appeal against a consent decree under Section 13-B of the Hindu Marriage Act, 1955 is maintainable under Section 28 of the Act, and the court may set aside a divorce decree if the parties are livi....
An appeal against a consent decree under Section 13-B of the Hindu Marriage Act is maintainable, especially when the parties have reconciled.
An appeal against a decree of divorce by mutual consent is not maintainable if the consent is claimed to be obtained through fraud or misrepresentation.
Divorce by mutual consent – No appeal would be maintainable against decree for divorce by mutual consent.
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