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SAUMITRA DAYAL SINGH, DONADI RAMESH
Pinki – Appellant
Versus
Pushpendra Kumar – Respondent
JUDGMENT :
1. This is an old appeal. It has remained pending for 13 years. List revised. None appears for the respondent in either call. On the last date as well, none had appeared for the respondent. The appeal is listed peremptorily today. Heard Shri Mahesh Sharma, learned counsel for the appellant and perused the record.
2. Present appeal has been filed by the appellant/wife under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') arising from the judgement and order dated 30.3.2011 passed by the learned Additional District Judge, Court no.8, Bulandshahar, in Original Suit No. 192 of 2008 (Pushpendra Kumar vs Smt. Pinki) whereby the learned Court below has dissolved the marriage between the parties under Section 13 of the Act, at the instance of the respondent/husband.
3. The parties were married on 2.2.2006 in accordance with the Act. At that time, the respondent was employed with the Indian Army. According to the plaint allegations, the appellant deserted her husband on 31.12.2007. On 11.02.2008, the respondent/husband instituted the divorce suit, primarily on the ground of infertility suffered by the appellant. On such suit being filed, a Written S
The court emphasized the necessity of mutual consent and the consideration of subsequent developments in divorce proceedings under the Hindu Marriage Act.
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 mutual consent for divorce must continue until the decree is passed, and the court must be satisfied about the existence of mutual consent bet....
The statutory cooling-off period under Section 13-B(2) of the Hindu Marriage Act is directory, allowing for a divorce by mutual consent even at the appellate stage.
A Divorce Petition can be maintainable under Section 13(1A)(ii) of the Hindu Marriage Act even after a prior dismissal if new grounds exist due to non-resumption of cohabitation.
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.
The central legal point established is the court's reliance on mutual consent, settlement agreement, and absence of legal impediments to grant a decree of divorce by mutual consent and allow the waiv....
Point of law: Mutual divorce – Waiving of six month periods - it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of part....
(1) Divorce – Consent of parties is not necessary to declare a marriage dissolved – A dead marriage must be given a decent quietus.(2) Matrimonial Proceedings – Bar of limitation – Word ‘proceedings’....
Divorce by mutual consent – No appeal would be maintainable against decree for divorce by mutual consent.
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