Courts could not convert a dismissed matrimonial suit into a mutual divorce suit under Section 13 of the Hindu Marriage Act, unless Article 142 is invoked. Parties advised to withdraw and file separate mutual divorce suit after statutory period.
No decree on divorce; parties advised to withdraw appeal and file for mutual divorce after statutory period.
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12.04.2021 Item No. 02 Ct. No. 04 PG
F.A.T. 711 of 2018 With I.A. no. CAN 1 of 2019 (Old CAN 5958 of 2019) With I.A. no. CAN 2 of 2021 with I.A. no. CAN 3 of 2021 r Nitai Das Saha Vs. Smt. Aparna Saha
Mr. Ankit Agarwala….for appellant/applicant
Mr. Souma Subhra Roy…for respondent
This appeal was heard on 7th April, 2021. We, while looking at the papers had queries of parties and caused the appeal to be listed under heading ‘To Be Mentioned’.
The queries arose because parties want divorce by dissolution of marriage. Appellant/husband’s suit for divorce was dismissed and hence the appeal. Decree on appeal can only be on proof of one of the grounds in section 13, Hindu Marriage Act, 1955. We are convinced we cannot convert a matrimonial suit to be one for mutual divorce. That, Supreme Court has done in cases where said Court has exercised power under article 142 in the Constitution of India.
An option of the parties is to have the appeal withdrawn and thereafter file for divorce on mutual
2
consent, on fulfilling the statutory period requisite for filing such a suit.
Parties are to consider their respective positions.
List on 3rd May, 2021.
(Arindam Sinha, J.)
(Suvra Ghosh, J.)
3 issues framed by the court
Whether a matrimonial suit dismissed on no-grounds can be converted into a mutual divorce suit before the Supreme Court.
Whether the parties may withdraw the present appeal to file for mutual divorce subsequently.
Whether the present matter can be disposed of without assuming claims of parties.
2 provisions across 2 enactments
Nitai Das Saha
Smt. Aparna Saha
Arindam Sinha
Suvra Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
