MRS BHARTI BHAUSAHEB AHER Vs. MR.BHAUSAHEB KAUTIK AHER
LAWS(BOM)-2017-1-19
HIGH COURT OF BOMBAY
Decided on January 06,2017

Mrs Bharti Bhausaheb Aher Appellant
VERSUS
Mr.Bhausaheb Kautik Aher Respondents

JUDGEMENT

G.S.KULKARNI,J. - (1.) The appellant-wife has preferred this appeal, against the judgment and order dated 20.6.2015 passed by the learned Principal Judge, Family Court at Mumbai.(for short the 'Family Court')
(2.) By the impugned judgment, the marriage petition of the respondent-husband for divorce is permitted to be converted as a Petition for divorce by mutual consent under section 13-B of Hindu Marriage Act, 1955 and has been allowed in terms of the consent terms dated 12.6.2015 (Exhibit 22) as stated to have been arrived between the parties. The operative part of the impugned judgment reads thus: 1. "The converted petition is allowed. 2. The marriage solemnized between the petitioner and the respondent on 21.2.1999 is dissolved by decree of divorce by mutual consent u/s 13-B of the Hindu Marriage Act, 1955. 3. Respondent shall comply with consent terms at Exh.22 4. Consent terms at Exh 22 shall form part of the decree. 5. No order as to costs. 6. Decree be drawn accordingly." Dated: 20th June 2015
(3.) In nutshell the facts are : On 21.2.1999 marriage between the appellant and the respondent was solemnized. On 18.5.2000 a son was born out of the wed-lock. After 11 years of marriage, the respondent-husband on 2.8.2011 filed a Hindu Marriage Petition for divorce praying for a decree of divorce under section 13 (1) (ia) and (ib) and section 26 of the Hindu Marriage Act, 1955 (for short the 'Act') read with section 7 of the Family Courts Act, 1984, as also praying for permanent custody of the minor son. ;


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