Sunday 18 November 2018
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business-standard - 9 days ago

10 years after estranged husband s death, HC allows woman s appeal against divorce

Ten years after her estranged husband passed away, a woman s plea challenging their divorce by mutual consent was allowed by the Delhi High Court which set it aside by saying that she had not consented to the trial court s decision. Justice Anu Malhotra said that under the Hindu Marriage Act, divorce by mutual consent can be granted only if there was continued consent of both parties up to the date of decision. The high court noted that in the instant case the woman was absent when the lower court had passed the order. In the absence of the continued mutual consent a decree of divorce under Section 13 B(2) of the Hindu Marriage Act, 1955 as amended cannot be granted. From the absence of one of the parties before the trial court, the presumption of consent for divorce cannot be attributed to that party as consent needs to continue till the date of the decree of divorce..., the high court said. It further said that trial court was under the law obligated to hear the parties to ...

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