Allowed

Gayatri Krushikesh Joshi v. Krushikesh Madhukar Joshi

Bombay HC10 Oct 2017FCA/21/2015

Case brief

AI extract

What is this about?

The High Court allowed a divorce by mutual consent between the husband and wife. It waived the mandatory six-month waiting period under Section 13-B(2) of the Hindu Marriage Act. The court also quashed the previous decree dismissing the wife's divorce petition.

What did the court decide?

Divorce decree granted by mutual consent waiving the six-month waiting period; previous impugned decree quashed.

Gayatri Krushikesh Joshi Vs Krushikesh Madhukar Joshi — Matrimonial and Divorce | Bombay HC (2017)

903-FCA-21-2015

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FAMILY COURT APPEAL NO. 21 OF 2015

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Gayatri Hrishikesh Joshi ] Appellant Vs. Hrishikesh Madhukar Joshi ] Respondent …...

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Ms. Leena Patil for appellant. Mr. Lakshyaved Odhekar for respondent.

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CORAM: NARESH H. PATIL & RAJESH G. KETKAR, JJ.

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DATE:10TH OCTOBER, 2017.

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P.C.:

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The appellant herein filed a Petition before the Family Court, Nashik u/s 13 (1) (ia) (ib) of the Hindu Marriage Act, 1955 [for short 'Act'] claiming divorce. The appellant and the respondent got married on 5^th May, 2005 at Nashik as per Hindu customs. They do not have any issue. By judgment and order dated 30^th September, 2014, the Judge, Family Court, Nashik dismissed the Petition filed by the appellant/wife.

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Being aggrieved by the said judgment and decree, present appeal was preferred by the appellant.

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903-FCA-21-2015

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Appeal was admitted on 30^th March, 2017. Learned Counsel appearing for the parties presented consent terms drawn on 10^th October, 2017 which are signed by the parties and their respective learned Counsel. The consent terms are taken on record and marked as Exhibit 'A' .

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Based on the consent terms, learned Counsel on instructions of the appellant and the respondent, who are present in the Court, pray for decree of divorce by mutual consent as prescribed u/s 13-B(2) of the Act. Learned Counsel identify the parties. Learned Counsel appearing for the parties submit that six months waiting period as prescribed u/s 13-B (2) of the Act be waived in the facts and circumstances of the case.

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Consent terms run into 1 to 8 paragraphs. We have perused the record placed before us and the consent terms.

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Both the parties have expressed their willingness to get decree of divorce by mutual consent. In the facts and circumstances of the case and in view of the settlement reached between the parties, we are of the opinion that the request made by the parties requires consideration.

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We are, therefore, of the view that parties be permitted to get divorce by mutual consent by waiving condition of six

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903-FCA-21-2015

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months waiting period as prescribed u/s 13-B(2) of the Act. Accordingly, we pass following order.

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: O R D E R :

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[1] Decree of divorce by mutual consent as per Section 13-B of the Act is allowed by waiving waiting period of six months.

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[2] The impugned judgment and decree dated 30^th September, 2014 passed by the Judge, Family Court, Nashik in Petition No. A 350/2010 [Old No. 306/2009] is quashed and set aside.

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[3] Decree be drawn in terms of consent terms.

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[4] The appeal is disposed of.

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(RAJESH .G. KETKAR, J.) (NARESH H. PATIL, J.)

Gayatri Krushikesh Joshi v. Krushikesh Madhukar Joshi

Case brief

What is this about?

What did the court decide?

Gayatri Krushikesh Joshi v. Krushikesh Madhukar Joshi

Case brief

What is this about?

What did the court decide?

What the court decided

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