Court No. - 3
Case :- FIRST APPEAL No. - 418 of 2018 Appellant :- Sudhir Kumar Maurya Respondent :- Vibha Maurya Counsel for Appellant :- Manish Khare
Hon'ble Pankaj Mithal,J. Hon'ble Rajiv Joshi,J.
Heard Sri Manish Khare, learned counsel for the appellant- husband.
The respondent-wife and the appellant-husband moved a joint petition under section 13-B of the Hindu Marriage Act for divorce by mutual consent. After moving the above application, the respondent-wife withdrew her consent and as such the Family Court dismissed the petition.
The divorce under section 13-B is permissible only if the parties consent to it. In view of the above, when one of the parties has withdrawn the consent, there is no illegality on the part of the court below in dismissing the petition.
We accordingly find no substance in this appeal and the same is dismissed, leaving it open to the appellant-husband to seek the dissolution of the marriage, if so desired, under section 13 of the Hindu Marriage Act.
The appeal stands dismissed.
Order Date :- 30.5.2018 SNT/