RAHUL KAMAL Vs. SUDHA PANDEY

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 16.08.2017 passed by Judge Family Court Haridwar, whereby the learned Judge Family Court, Haridwar has dismissed the joint petition filed by the parties, under Sec. 13-B of the Hindu Marriage Act, 1955 (herein after referred as the Act) seeking divorce by mutual consent.

(2.) Factual matrix of the case is that appellant and respondent who are husband and wife they filed a joint petition under Sec. 13-B of the Act, seeking decree of divorce by mutual consent, on the ground that they are living separately more than a year and there are no chance of continuance of their marriage life.

(3.) After filing the divorce petition by mutual consent the respondent wife made an application that her consent had been taken under duress. The learned Judge Family Court by impugned judgment and order dated 16.08.2017 was pleased to dismiss the petition on withdrawal of consent by respondent.