ROOPA Vs. A. SHANMUGAM @ SURESH

JUDGEMENT

(1.) This revision is directed against the fair and executable order passed in O.P. No. 47 of 2008 in granting a decree of divorce on mutual consent. The revision petitioner herein was the 2nd petitioner and the respondent herein was the 1st petitioner in O.P. No. 47 of 2008, a petition filed by both parties for divorce on mutual consent.

(2.) The averment made in the petition filed by both the parties before the lower Court would be as follows:-

(3.) On the basis of the allegations made in the aforesaid petition, the lower Court had posted the case on 12.02.2008 and passed an order in I.A. No. 132 of 2008 and thereby six months period was waived and on being satisfied by the allegations made in the proof affidavit of the petitioners, the lower Court had come to a conclusion that all the attempts made for conciliation ended in vain and the marriage between the parties had broken in unequivocal terms and therefore, divorce by mutual consent was conceded. Against the said order, the second petitioner before the lower Court namely, the wife had filed this revision questioning the validity of the said order.