D Jayaprakash v. M Radhika
Case brief
What is this about?
The Court permitted amendment of a divorce petition filed under Section 13(1)(ia)/(ib) to a mutual consent petition under Section 13(B). Based on an amicable settlement, the grant of divorce by mutual consent was allowed without insisting on the further six-month statutory cooling-off period since parties had already lived apart for over five years.
What did the court decide?
Allowed the civil miscellaneous appeal; converted the husband's petition into a joint petition for divorce by mutual consent; granted a decree of divorce by mutual consent.
What the court decided
THE HON’BLE SRI JUSTICE M. SEETHARAMA MURTI AND THE HON’BLE MS. JUSTICE J.UMA DEVI
I.A.Nos.1 & 3 of 2019 in/& Civil Miscellaneous Appeal No.904 of 2017
COMMON ORDER : (Per Hon’ble Sri Justice M. Seetharama Murti)
This Civil Miscellaneous Appeal is filed by the unsuccessful petitionerhusband assailing the order, dated 17.04.2017, of the learned Senior Civil Judge, Srikalahasti, passed in H.M.O.P.No.3 of 2014.
By the said order, the learned Senior Civil Judge, Srikalahasti, dismissed the said H.M.O.P filed by the husband, under Sections 13 (1) (ia) & (ib) of the Hindu Marriage Act, 1955, [‘the Act’, for short] seeking dissolution of the marriage between the spouses by means of a decree of divorce.
When this appeal is taken up for hearing, the appellant-husband, the respondent-wife and their respective learned counsel, who are present in the Court, stated that the appellant and the respondent have amicably settled the matter and that the terms of compromise are reduced into writing in the form of a joint memo of compromise and that the appellant and the respondent have decided to obtain divorce by mutual consent.
I.A.no.1 of 2019 is filed seeking amendment of the Original Petition from one under Section 13(1)(ia) & (ib) of the Act to one under Section 13(B) of the Act, that is, a petition for granting divorce by mutual consent. I.A.no. 3 of 2019 is filed accompanied by the memorandum of compromise (Joint Memo of Compromise) signed by both the parties and their respective counsel requesting to record the compromise and allow the CMA and permit amendment of the original petition filed by the husband and allow the said petition also and
Issues for consideration
3 issues framed by the court
Whether a decree for divorce by mutual consent can be granted without the statutory six-month waiting period when parties have already lived separately for over five years.
Whether the parties entered into the compromise with free will and consent without force or coercion.
Whether the Civil Miscellaneous Appeal seeking amendment of the divorce petition and recording of compromise should be allowed.
Parties & counsel
- appellant
Husband
- respondent
Wife
Coram
M. SEETHARAMA MURTI
Case details
As recorded by the court registry
- Court
- Andhra Pradesh HC
- Decided on
- · September
- Registered
- Case no.
- CMA/904/2017
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