Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
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Matrimonial Law
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Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
Judgement Subject Index/Important Decision/Topic

ILC-2011-SC-MAT-Apr-2

Hitesh Bhatnagar Vs. Deepa Bhatnagar

Head Note

The Hindu Marriage Act, 1955  - Section 13

Divorce by mutual consent - Respondent withdrew her consent - Petition dismissed - Appeal by appellant - High Court - Dismissed - Appeal - Whether consent once given in petition for divorce by mutual consent - Can subsequently withdrawn by one of the parties - Yes - Whether Court can grant a decree of divorce by mutual consent - When consent has been withdrawn by one of parties - No - A mandatory requirement of law - No Court can pass a decree of divorce in absence of that - Though there is bitterness amongst parties - Not even lived as husband and wife for past 11 years - Even they will give this union another chance - If not for themselves - For the future of their daughter - Appeal dismissed - No costs.

Advocates For the Respondent(s) :

Ms. Deepa Bhatnagar-in-Person, Harshvir Pratap Sharma, Sharad Kumar Vaish and K.S. Rana, Advocates

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Topic(s)-Divorce by mutual consent

Important Decision(s)- No Court can pass a decree of divorce in the absence of second motion by both parties.







Full Judgement Body


     
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