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Report No. 136

4.3.3. The same view is held by the High Court of Bombay1 as reflected in the passage extracted from para. 11:-

"11. The above-mentioned circumstances would definitely show that the husband has filed the petition along with his wife for a divorce by mutual consent and that while doing so, he acted voluntarily. There was no question of any confused state of mind. Thus, here is a case where there is abundant evidence to show that at the time when the application was made the husband and the wife had mutually agreed that the marriage should be dissolved.

Similarly, the various circumstances do indicate that the parties have been residing separately for more than one year and that there was no possibility of their living together. These are all the requirements under section 13B for making a joint application for divorce. Once these requirements are proved, it would be necessary for the court to grant a decree for divorce. The fact that at a later stage either party does not want a divorce would be irrelevant. What is material is as to whether the above mentioned requirements were existing when the petition was filed."

1. Jayeshree Ramesh Londhe v. Ramesh Bhikaji Londhe, AIR 1984 Bom 302.

[Emphasis added]



Conflicts in High Court Decisions on Central Laws - How to Foreclose and how to Resolve Back




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