Lawstreet Journal

Appeal Against A Mutual Consent Divorce Not Maintainable : Delhi High Court [READ ORDER]

Lawstreet Journal 10 Jun 2020 2:52am

Image courtesy: Lawstreet Journal Judiciary Appeal Against A Mutual Consent Divorce Not Maintainable :  Delhi High Court [READ ORDER]

A Division Bench of Justices Rajiv Sahai Endlaw and Asha Menon of the Delhi High Court has on June 03, 2020, in the matter Anshu Malhotra vs Mukesh Malhotra, held that an appeal against a consent decree of dissolution of marriage is not maintainable and remedy before an aggrieved party in case of allegations of fraud and misrepresentation, etc. is by applying to the same court which had granted consent decree. 


Background of the case: 

An appeal under Section 28 of the Hindu Marriage Act, 1955 (HMA) read with Section 19 of the Family Courts Act, 1984, was filed against the order and decree dated November 19, 2019, of the Judge, Family Court, of dissolution of marriage of the appellant-wife with the respondent-husband under Section 13B of the HMA. Section 13B makes the provision of divorce by mutual consent of both the parties. 

The appellant-wife had contended that the order and decree of the Family Judge were vitiated in as much as the consent of her to the dissolution of her marriage with the respondent-husband was obtained during the illness of her and was thus not of the own volition of her and in fact, there was no consent of her or mutual consent for dissolution of marriage with the respondent-husband. It was further contended that the parties, before filing the petition under Section 13B(1) of the HMA, were not even living separately for the statutory mandatory period of one year. 

The appeal being against a decree of dissolution of marriage by mutual consent, the Court had straightaway enquired from the… Continue Reading...

Tagged: Mutual Consent Divorce  
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