This is a second appeal against an order granting a mutual consent divorce. The High Court set aside the district judge's order allowing the divorce under Section 13B of the Hindu Marriage Act, 1955 due to subsequent developments arising after the joint prayer.
The impugned order granting mutual consent divorce is set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
10.04.2023 SL No.1 Court No.8 (gc)
FA 285 of 2011
Pasupati Das Vs. Manjushree Das
Ms. Sohini Bhattacharyya,
…for the Appellant.
Mr. Bhudeb Bhattacharyya,
…for the Respondent.
The order passed by the learned District Judge, Purba Medinipur on 23rd February, 2023 in an application filed by the parties under Section 13B of the Hindu Marriage Act, 1955 for a decree of divorce and mutual consent is placed before us by the learned Counsel representing the appellant.
It appears that on the basis of the joint prayer, the application for mutual divorce filed under Section 13B of the Hindu Marriage Act, 1955 was allowed on 23rd February, 2023. In view of the subsequent development, the impugned order is set aside.
The appeal is disposed of in terms of this order.
Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Uday Kumar, J.)
(Soumen Sen, J.)
1 issue framed by the court
Whether the order granting mutual consent divorce can be set aside on account of subsequent developments.
1 provisions across 1 enactments
Pasupati Das
Manjushree Das
Uday Kumar
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
