Family Court’s divorce decree quashed by Orissa High Court

Justice Satapathy ruled that any one of the spouses can withdraw consent for divorce unilaterally after initially giving consent for mutual divorce.
Image of a gavel used for representational purposes only.
Image of a gavel used for representational purposes only.(File Photo)
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CUTTACK: The Orissa High Court has sent back to the Family Court (Balasore) a case of divorce on mutual consent in which decree was passed even after the wife withdrew her consent. The wife had challenged the Family Court’s order passed on November 22, 2021.

Justice Gourishankar Satapathy in a recent ruling said, “In this case, although the writ petitioner has withdrawn her consent just four days before the passing of decree, the trial court notwithstanding such fact has dissolved the marriage between the parties on mutual consent u/s 13-B of the Hindu Marriage Act, which is not only erroneous, but also unsustainable in the eye of law and liable to be set aside.”

Justice Satapathy said consent being the essence of grant of decree of divorce under section 13-B of the Hindu Marriage Act, 1955, no decree of divorce can be passed under the Act, if any of the parties withdraws such consent just before passing of decree.

Accordingly, Justice Satapathy ruled that any one of the spouses can withdraw consent for divorce unilaterally after initially giving consent for mutual divorce.

He set aside the decree of divorce passed on November 22, 2021 and remitted back the matter to the Family Court (Balasore) for fresh disposal of the case in accordance with law within six months.

The marriage of the couple was solemnised on February 12, 2018 and they resided together for some time.

But due to dissension, the joint petition for mutual divorce was filed by them under section 13-B of Hindu Marriage Act, 1955.

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