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SAUMITRA DAYAL SINGH, DONADI RAMESH
Alka Saxena – Appellant
Versus
Pankaj Saxena – Respondent
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JUDGMENT :
1. Heard Sri Gopal Misra, learned counsel for the appellant and Sri Syed Irfan Ali along with Sri Ajit Kumar, learned counsel for the respondent.
2. Present appeal has been filed under Section 19 of the Family Court Act, 1984, arising from judgment and order dated 19.3.2015 passed by Principal Judge, Family Court, Firozabad in Case No.186 of 2013 (Sri Pankaj Saxena Vs. Smt. Alka Saxena), in divorce case proceeding treated to have been filed under Section 13 (1-A) (ii) of the Hindu Marriage Act, 1955 (hereinafter referred to as the H.M.A.).
3. Admitted facts between the parties are that they were married on 15.01.1999. No children are born to them. Within a period of one year and barely upon expiry of 11 months, the aforesaid divorce petition was first presented by the respondent on 16.12.1999. That date we have verified from the original record. Initially, the divorce petition thus filed, was registered as a Misc. Case No. 228 of 1999. Later, it was registered as Matrimonial Case No. 239 of 2000 and was instituted before the Civil Judge, Senior Division, Aligarh. Thereafter, the proceedings was transferred to Kanpur Nagar. From there it was re-transferred to Firozabad on tr
A divorce petition filed within one year of marriage is non-maintainable unless an application under the proviso to Section 14(1) of the H.M.A. is made and allowed.
The mandatory one-year separation under Section 13B of the Hindu Marriage Act cannot be waived, ensuring compliance with statutory obligations in mutual divorce cases.
Advocates appeared :For the Appellant : Deepak Panjwani For the Respondent : Abhay Gupta
The court established that in divorce proceedings under the Hindu Marriage Act, the absence of the respondent and credible allegations of cruelty justify the dissolution of marriage, applying a stand....
(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’....
Prolonged separation and proven cruelty can justify the dissolution of marriage under the Hindu Marriage Act, despite the absence of restitution of conjugal rights.
The court ruled that under the Hindu Marriage Act, parties can seek permission to file for divorce by mutual consent within one year of marriage, considering exceptional circumstances.
The withdrawal of a petition on the ground of cruelty constitutes condonation, and the institution of a new petition on the same cause of action is barred under Order XXIII Rule 1(4) CPC and the prin....
A divorce petition filed within one year of marriage under the Hindu Marriage Act can be maintainable if permission is sought, reflecting the provision being directory rather than mandatory.
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