Jitendra Kumar Mehta v. Seema Kumari
Case brief
What is this about?
Jharkhand High Court, Ranchi; F.A No.22 of 2023; decided 01.09.2025; coram Sujit Narayan Prasad & Arun Kumar Rai, JJ. (per Sujit Narayan Prasad, J.). First appeal under S.19(1) Family Courts Act, 1984 against dismissal of husband's divorce petition under Ss.13(1)(ia)(ib) Hindu Marriage Act, 1955 (Original Suit No.46 of 2020, Family Court, Hazaribag). Appeal disposed of on joint compromise (I.A No.8729 of 2025): liberty to file S.13B HMA mutual-consent divorce application before Family Judge, Hazaribag within three weeks; earlier dismissal not to prejudice such application. Compromise amounts: Rs.10,00,000/- bank draft to wife; balance Rs.9,00,000/- payable. Keywords: mutual consent divorce, compromise, 13B Hindu Marriage Act, cruelty desertion grounds left open, matrimonial appeal disposal.
What did the court decide?
Appeal disposed of with liberty to both parties to file an application under section 13B of the Hindu Marriage Act, 1955 before the learned Family Judge, Hazaribag (preferably within three weeks) for divorce by mutual consent on the terms of the joint compromise; Interlocutory Application I.A. No.8729 of 2025 also stands disposed of.