The High Court disposed of a Family Court Appeal noting that since both parties filed for divorce by mutual consent under Section 13B, the Family Court must consider it independently on merits, regardless of the dismissal of a prior petition on other grounds.
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FCA 69 of 2016
Vat
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELALTE JURISDICTION
FAMILY COURT APPEAL No. 69 OF 2016
Mr. Rakesh Dinesh Hisaria ...Appellant Vs. Mrs. Veena Rakesh Hisaria ...Respondent
Mr. Prabhajan Gujar for Appellant None for the Respondent
****** CORAM : V. M. KANADE &
Mrs. SWAPNA S. JOSHI, JJ
DATE : SEPTEMBER 28, 2016
P.C. :
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FCA 69 of 2016
to decide the petition filed by the parties for divorce by mutual consent on merits and in accordance with law. Hence, Family Court Appeal is disposed of.
Mrs. SWAPNA S. JOSHI, J. V.M. KANADE, J.
Vaishali Tikam
3 issues framed by the court
Whether a family court appeal survives when an application for decree by consent under section 13B of the Act is filed subsequently.
Whether the Family Court can independently consider a divorce by mutual consent petition despite the dismissal of a petition on other grounds.
How to dispose of a Family Court Appeal where a subsequent application for mutual consent divorce is filed.
1 provisions across 1 enactments
Mr. Rakesh Dinesh Hisaria
Mrs. Veena Rakesh Hisaria
V. M. Kanade
Mrs. Swapna S. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
