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G. SATAPATHY
Doyel Dey – Appellant
Versus
Judge, Family Court, Balasore – Respondent
Case Referred:
1. Smt. Sureshta Devi vs. Om Prakash, AIR (1992) SC 1904. (Para 3)
Counsel for the Parties:
For the Petitioner: Ms. S. Jena, Advocate
For the Opp. Party No.2: Mr. S. Pattanaik, Advocate
JUDGMENT (ORAL)
G. Satapathy, J.—This writ petition by the petitioner-wife prays to set aside the impugned judgment dated 22.11.2021 passed by the learned Judge, Family Court, Balasore in C.P. No. 532 of 2020 dissolving the marriage between the petitioner and OP No.2 U/S. 13-B of Hindu Marriage Act, 1955 on mutual consent.
2. The facts not in dispute are that the petitioner & OP No.2 are husband and wife and their marriage was solemnized on 12.02.2018 as per the caste custom of the parties and they resided together for some time and due to dissension, a petition was filed by both the parties for grant of mutual divorce U/S. 13-B of the Hindu Marriage Act. Accordingly, conciliation was done, but before passing of the decree on mutual consent, the writ petitioner withdrew her consent unilaterally on 18.11.2021. However, the learned trial Court notwithstanding to the withdrawal of consent by the writ petitioner, has passed the impugned judgment dissolving the marriage of the parties on m
The necessity of mutual consent for divorce under Section 13-B of the Hindu Marriage Act is emphasized, invalidating decrees made post-withdrawal of consent.
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....
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 once a party has acted upon the consent terms and fulfilled their obligations, the other party cannot unilaterally withdraw consent unless the....
Consent for mutual divorce must remain until the petition is disposed of; withdrawal at any time before that invalidates the petition.
A party may withdraw consent for mutual divorce at any time before the decree, affecting maintenance claims.
The main legal point established in the judgment is that the right to withdraw consent in a petition for dissolution of marriage by mutual consent is subject to the provisions of the relevant law and....
The judgment emphasizes the importance of mutual consent for divorce under Section 13-B of the Hindu Marriage Act, 1955, and the significance of Rule 31 of the Family Courts (Maharashtra) Rules, 1987....
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