SATYEN VAIDYA
Gurditta Ram Chauhan – Appellant
Versus
Babita – Respondent
JUDGMENT
Satyen Vaidya, J.—Heard.
2. Petitioner was appellant before this Court in FAO(FC) No. 04 of 2022.He had assailed judgment dated 01.01.2022, passed by learned Principal Judge, Family Court, Chamba, District Chamba, H.P. in case No. 77/2019 by filing an appeal under Section 19 of the Family Courts Act, 1984. Petitioner was aggrieved against the order of maintenance passed against him by learned Principal Judge, Family Court, Chamba, District Chamba H.P.
3. During the pendency of FAO No. 04 of 2022 and at the request of learned counsel for the parties a Division Bench of this Court appointed Sh. S. S. Sandhu, Advocate, District Court Chamba, District Chamba, H.P. as Mediator. He was requested to make an endeavor for an amicable resolution to the dispute. The Mediator, vide his report dated 14.05.2022 reported the mediation as successful. As per such report, the parties had arrived at an amicable settlement. Respondent herein had agreed to get her marriage with petitioner dissolved by filing petition under Section 13-B of the Hindu Marriage Act, 1955 (for short “The Act”) and had also agreed to receive Rs. 15, 00,000/- towards permanent alimony. Accordingly on 23.05.2022, FAO
Divorce by Mutual Consent – Direction by Court to parties to abide by terms of settlement cannot not be assigned a meaning in derogation of statutory right available to party to marriage to withdraw ....
Section 13-B of Hindu Marriage Act, 1955 reads as divorce by mutual consent.
The withdrawal of consent for the second motion of divorce by either party cannot be considered as contempt of court, and the reconciliatory approach of the Family Courts in matrimonial matters was e....
Willful breach of an undertaking given to a Court amounts to Contempt of Court under Section 2(b) of the Contempt of Courts Act, 1971.
The undertaking given to the Court binds the party, and failure to comply with it constitutes civil contempt under the Contempt of Courts Act 1971.
Consent decrees from mediation agreements do not constitute undertakings to the Court for contempt purposes unless accompanied by wilful disobedience.
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....
Marriage can be dissolved by mutual consent between spouses.
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