HC on Divorce: Family Court Cannot Grant Divorce Based on Earlier Consent When It Is Later Withdrawn During Divorce Proceedings, Says Allahabad High Court
During the hearing of the case, the high court also stated that Section 13-B of the Hindu Marriage Act states that the petition for divorce by mutual consent must be decided within 18 months of its presentation unless it is withdrawn by the parties in the meantime.
The Allahabad High Court recently said that the Family Court could not grant a divorce based only on earlier consent given when filing the divorce petition if the consent was withdrawn later in the divorce proceedings. According to a report in Live Law, the parties were married in 2006. After the woman disserted her husband, the man instituted the divorce proceedings on the grounds of infertility attributable to the appellant-wife. However, the woman disputed the fact in her written statement. Following this, the case was referred to mediation, which failed. During the hearing of the case, the high court also stated that Section 13-B of the Hindu Marriage Act states that the petition for divorce by mutual consent must be decided within 18 months of its presentation unless it is withdrawn by the parties in the meantime. HC on Rape: Sexual Relationship With Woman’s Consent, if Under Fear, Amounts To Rape, Says Allahabad High Court.
'Petition for Divorce by Mutual Consent Must Be Decided Within 18 Months'
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