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CHHATTISGARH HIGH COURT
Prashant Kumar Mishra, J
Tarun Dahire – Appellant
Versus
Smt. Sneha Dahire – Respondent
| Table of Content |
|---|
| 1. initial facts of appeal and objections. (Para 1 , 2) |
| 2. arguments surrounding consent in divorce proceedings. (Para 4 , 5 , 6) |
| 3. court's observations on consent requirements. (Para 8 , 9 , 10) |
| 4. ratio substantial on consent validity. (Para 11) |
| 5. final outcome of the appeal. (Para 12) |
1. The present appeal is preferred by the appellant challenging the judgment and decree dated 06.01.2020 passed by the learned Principal Judge, Family Court, Raipur in Civil Suit No.664/2019 in between Tarun Dahire v. Smt. Sneha Dahire, whereby the application filed by the respondent husband under S.13 (B) of the Hindu Marriage Act, 1955 has been allowed.
2. The Office has raised objection that the present appeal is not maintainable for the reason that it is barred under S.19 (2) of the Family Court Act, 1984, as no appeal would lie from a decree or order passed by the Family Court with the consent of the parties.
3. The appearance of the respondent is already on record.
4. The facts of the case are that an application under S.13 (B) of the Hindu Marriage Act, 1955 was filed by the appellant wife and the respondent husband before the Family Court, Raipur with averment that they were m
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