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IN THE HIGH COURT OF ALLAHABAD
ARINDAM SINHA, AVNISH SAXENA
Minakshi Gupta – Appellant
Versus
Kailash Chandra – Respondent
| Table of Content |
|---|
| 1. both parties seek dissolution of marriage on mutual consent. (Para 1 , 2) |
| 2. parties separated since january 2022 and agreed on mutual divorce. (Para 4 , 6) |
| 3. separation period requirement under section 13-b of the hindu marriage act. (Para 7 , 8) |
| 4. court erred in presuming togetherness based on agreement date. (Para 9) |
| 5. marriage dissolved by mutual consent; decree to be drawn up. (Para 10 , 11) |
JUDGMENT :
Arindam Sinha, J.
1. Mr. Manoj Pandey, learned advocate appears on behalf of applicant- appellant and submits, his client is wife. Both parties had joined to petition the Family Court for dissolution of their marriage on mutual consent under section 13-B in Hindu Marriage Act, 1955. By impugned judgment dated 30th November, 2024, the petition was dismissed. His client and respondent are both aggrieved. His client presented the appeal on reported delay of 54 days. The delay be condoned and the appeal admitted.
2. Mr. Prakash Tripathi, learned advocate appears on behalf of respondent. He submits, his client too is aggrieved by impugned judgment. Delay be condoned and impugned judgment reversed.
3. Perused causes shown for the delay. They are accepted. The delay is con
The court established that mutual consent for divorce under the Hindu Marriage Act requires separation of over one year, and an agreement to divorce does not negate prior separation if no cohabitatio....
Statutory requirement of separation for one year prior to divorce petition was satisfied despite initial dismissal.
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.
Mutual consent divorce under Section 13B of the Hindu Marriage Act is valid when parties demonstrate irretrievable breakdown of marriage without collusion or fraud.
Divorce by mutual consent – No appeal would be maintainable against decree for divorce by mutual consent.
Exceptional circumstances can warrant the waiver of the mandatory one-year period before filing a petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, as provided in S....
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.
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