The High Court disposed of an appeal filed against a decree of divorce by mutual consent passed under Section 13B of the Hindu Marriage Act, 1955, upholding the dissolution of the marriage.
The appeal was disposed of; the petition for divorce by mutual consent was affirmed.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO-M-398-2015 DATE OF DECISION :- July 22, 2016
Manika Sharma
...Appellant
Versus
Saurabh
...Respondent
CORAM: HON’BLE MR.JUSTICE M.JEYAPAUL
HON'BLE MRS. JUSTICE SNEH PRASHAR
Present :- Mr. R.S. Chauhan, Advocate for the appellant.
Mr. Gurmit Singh, Advocate for the respondent. ***
M.JEYAPAUL, J.
Petitioner no.1 and petitioner no. 2 have jointly filed petition under Section 13B of the Hindu Marriage Act, 1955 praying for divorce by mutual consent. They suffered statement in 1st motion as well as 2nd motion. They have reiterated their stand that it is not possible for them to revive the marital relationship. They have amicably settled the matrimonial dispute between them. We find that the averments in the petition as well as in the statements suffered by them in 1st motion and 2nd motion are true and there is no scope for the parties to live as husband and wife. Therefore, a decree for divorce by mutual consent is hereby passed thereby dissolving the marriage between the parties by mutual consent. The appeal is accordingly disposed of. Decree sheet be prepared.
(M. JEYAPAUL) JUDGE
(SNEH PRASHAR) JUDGE
July 22, 2016 p.singh
PARVINDER SINGH 2016.07.23 15:38 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether the divorce by mutual consent petition should be disposed of in appeal.
Whether the averments regarding inability to live together are true.
1 provisions across 1 enactments
Manika Sharma
Saurabh
M. JEYAPAUL
SNEH PRASHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
