Appellant appealed against order dismissing divorce petition. During pendency, parties filed mutual consent application. Court allowed appeal and granted mutual consent divorce decree under Section 13-B.
Appeal allowed; decree for dissolution of marriage by mutual consent granted.
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.
THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY
AND THE HON’BLE SRI JUSTICE M.S.K. JAISWAL
F.C.A.M.P.No.259 of 2013 in/and
F.C.A.No.219 of 2012
ORDER : (Per LNR,,J)
The marriage between the appellant and the respondent took place on 19.11.2009, at Malkajgiri, Hyderabad. However, shortly thereafter, differences have arisen between them. The appellant filed O.P.No.220 of 2011 in the Additional Family Court, Hyderabad, under Section 13(1) (ia) of the Hindu Marriage Act, 1955 (for short ‘the Act’), for divorce. He pleaded that the attitude of the respondent was cruel to him, from the inception of the marriage, and the efforts made by him did not yield any result. The O.P. was opposed by the respondent, by filing a counter. The trial Court dismissed the O.P. through order, dated 27.06.2012. Thereupon, the appellant filed the present appeal.
During the pendency of the appeal, both the parties herein filed FCAMP No.259 of 2013, stating inter alia that both of them have agreed to part with and to seek a decree for dissolution of the marriage, by mutual consent. Since the application is referable to Section 13-B of the Act, and sub-section 2 thereof mandates that the matter has to be kept in abeyance, at least, for a period of six months, this Court passed an order on
22.04.2013, directing that the matter be posted after six months. On that day itself, the views of the parties were ascertained, and both of them vouched for the correctness of the contents of the miscellaneous petition. The matter is now listed, after expiry of six months.
Both the parties appeared and they stated in one voice that there is no change of circumstances, and their decision to part with holds good, even now. We have also heard the learned counsel for the parties.
The appeal, no doubt, arises out of an order passed by the trial Court, dismissing the O.P. for divorce. However, during the pendeny of the appeal, the parties have agreed to seek divorce by mutual consent, and we have followed the procedure prescribed under Section 13-B of the Act.
Hence, FCAMP No.259 of 2013 is ordered, and the appeal is allowed, in terms of the FCAMP No.259 of 2013, and there shall be a decree for dissolution of the marriage between the appellant and the respondent, by mutual consent. There shall be no order as to costs.
The Miscellaneous Petitions, if any, pending in the appeal shall stand disposed of.
______________________ L. NARASIMHA REDDY, J.
______________________
M.S.K. JAISWAL, J. 28th October, 2013 cbs
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
AND THE HON’BLE SRI JUSTICE M.S.K. JAISWAL
F.C.A.M.P.No.259 of 2013 in/and
F.C.A.No.219 of 2012
28th October, 2013
cbs
3 issues framed by the court
Whether an appeal against divorce dismissal can be allowed on mutual consent filed during pendency.
Whether the procedure under Section 13-B applies when parties agree to mutual consent divorce during appeal.
Whether a decree for dissolution by mutual consent can be passed while an appeal against contested divorce is pending.
2 provisions across 1 enactments
Appellant
Respondent
L. NARASIMHA REDDY
M.S.K. JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
