Mutual Consent Petition & Withdraw of Consent....... Effect

... Divorce petition by mutual consent..... Withdraw of consent by by spouse ..... Effect..... ?

                                 

        

- Consent petition for divorce by parties to marriage  may be filled on ground that they have been living separately for a period of 1 year or more and they have mutually agreed that the marriage should be dissolved.

 

- From the date of filling of petition within 18 months the court may pass decree of divorce but not later 18 months.

- Basically consent of both spouse is required till passing of decree by court.

- But no spouse can unilaterally , willfully be allowed to withdraw consent even on the grounds such as fraud , undue force , representation unless grounds are provided satisfactorily.

- If one party of mutual consent petition acted as per terms and condition of settlement, consent terms then other party is not liberty to withdraw consent without reasonable, sufficient ground, reason.

- In such case rule of estoppel is applied for equity , fairness and aid the administration of justice.

= = Relevant Provision = = =

- Section 13(B) of Hindu Marriage Act 1955.

_ _ _ Relevant Judgement _ _ _ _

- Rakesh P. Sainani v/s Mrs. Bhavna R. Sainani 2008(6) Mh.L.J.853.

- Anil Kumar Jain v/s Maya Jain A.I.R.2010 S.C.229=2009 SAR 942.

- Prakash A. Kalandari v/s Janhavi P. Kalandari 2011(4) Mh.L.J.187.

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