Divorce Petition Can Be Converted Into One By Mutual Consent Even At Appellate Stage: Andhra Pradesh High Court
The Andhra Pradesh Excessive Courtroom held {that a} Divorce Petition underneath Part 13(1)(ia) of the Hindu Marriage Act, 1955 (HMA) might be transformed into Divorce Petition by Mutual Consent underneath Part 13-B of HMA, even on the appellate stage.
The Courtroom held thus in an Enchantment filed by the husband in opposition to the Judgment of the Household Courtroom, which dismissed his Petition.
A Division Bench comprising Justice Ravi Nath Tilhari and Justice Kiranmayee Mandava noticed, “Thus, thought of and in view of the aforesaid judgments, we maintain on Level-A that the petition for divorce filed underneath Part 13(1)(ia) of the Act, 1955 might be allowed to be transformed into divorce petition by mutual consent underneath Part 13-B of the Act, 1955, even on the appellate stage. On Level-B, we maintain that the provisions of Part 13-B(2) of the Act, 1955 offering for cooling off interval is listing and within the info and circumstances of a case, the statutory interval might be waived of.”
Advocate V. Raghu appeared on behalf of the Appellant/husband whereas Advocate B. Venkatesh Nayak appeared on behalf of the Respondent/spouse.
Temporary Details
The Appellant/husband filed a Petition earlier than the Household Courtroom, searching for to dissolve the wedding underneath Part 13(1)(ia) of the HMA. His marriage was solemnized with the Respondent/spouse in 1996 as per the caste customized and utilization of each the events. They had been blessed with a feminine little one. As per the husband’s pleadings, his spouse went to her mother and father’ home together with little one in 1997 and since then she didn’t be part of him, besides on one event in 1998. He pleaded psychological agony, cruelty and that the spouse didn’t be part of the corporate of the husband. His spouse filed a counter denying the averments of the Petition, besides the connection between each events. She pleaded the alleged husband’s intimacy along with his colleague and his frequent visits.
Nonetheless, she pleaded that she was not keen for divorce and he or she was prepared to affix the husband. Any psychological and bodily cruelty by her was denied. The husband filed the rejoinder and denied any unlawful intimacy along with his colleague. The allegations made by the spouse had been stated to be unfounded and meant to defame the husband, amounting to character assassination. Referring to the proof on report, discovering was recorded that the behaviour of the husband along with his colleague, triggered psychological agony to the spouse. Therefore, the Household Courtroom dismissed the husband’s Petition and refused dissolution of marriage. Being aggrieved, he approached the Excessive Courtroom.
Reasoning
The Excessive Courtroom in view of the above info, stated, “When the wedding has been damaged down and the events live individually for the final greater than 27 years, we permit the appliance to amend the petition for divorce underneath Part 13(1)(ia) of the Act to make it underneath Part 13-B by mutual consent, we’re glad within the info of the current case that the wedding has shattered past restore. The cooling off interval of six months deserves to be waived.”
The Courtroom famous that as there aren’t any possibilities of reconciliation and reunion, the events live individually since 1998 and despite the truth that the Petition filed by the husband for divorce was dismissed nonetheless they aren’t capable of reunite, as additionally that they’ve entered right into a compromise and filed purposes for divorce by mutual consent, there isn’t a goal, underneath the circumstances of this case, directing the events to attend for six months cooling off interval, to obliviate and proceed their miseries.
“The petition for divorce deserves to be allowed by granting divorce by mutual consent, waiving of the ready/cooling interval, of six months, underneath Part 13B(2) of the Hindu Marriage Act, 1955. … The wedding between the appellant and the respondent is dissolved underneath Part 13-B of the Hindu Marriage Act with impact from the date of this judgment”, it concluded.
Accordingly, the Excessive Courtroom allowed the Enchantment, put aside the Household Courtroom’s Judgment, and dissolved the wedding.
Trigger Title- ABC v. XYZ (Case Quantity: C.M.A.No.651 OF 2007)
