Hindu Marriage Act, 1955; S. 13B ------ Out of marital dispute the wife filed case under section 406/498A IPC and also under the provisions of Protection of Women from Domestic Violence 2005 -----...
Read MoreHindu Marriage Act, 1955; S. 13B ------ Out of marital dispute the wife filed case under section 406/498A IPC and also under the provisions of Protection of Women from Domestic Violence 2005 ----- Later both the parties entered into compromise, husband paid Rs.5 lakhs to the wife towards Alimony, and filed Petition for Mutual Divorce ----- After six months of filing the wife remained absent, then on 11.03.2008 filed application for exemption from appearance on 12.03.2008 and later filed application that she does not want to proceed with the Mutual Divorce Case ----- Trial Court dismissed the petition for Mutual Divorce ----- Appeal thereagainst ----- Held: Court is fully satisfied that the consent given by both the parties for obtaining the decree of divorce by mutual consent was free and fair consent and was not obtained by force, fraud or undue influence ----- Court is further satisfied that the alleged withdrawal of the consent by the respondent wife in the first instance on 29/5/2008 was not genuine and was merely with a view to extort more money from the appellant husband ----- the application for exemption from her appearance on 12.03.2008 should be treated as her consent for mutual divorce ----- nothing prevented the court below to proceed to pass divorce decree by mutual consent on 12.03.2008 ------ Appeal allowed ----- Divorce Decree by mutual consent has been granted.
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