S. SARANYAH Vs. E. MANIKANDAN

JUDGEMENT

(1.) This is an appeal filed by the wife challenging an order of the II Additional Family Court, Chennai, dissolving the marriage that took place between the appellant and the respondent by a decree of divorce.

(2.) O.P.No.638 of 2012 was filed jointly by the appellant and the respondent under Section 13(B) of the Hindu Marriage Act, 1956, seeking dissolution of the marriage that took place between them on 27.01.2008, by mutual consent. When the original petition was taken up on the appointed day, after the expiry of six months, it appears that the appellant did not want to proceed with the petition. It appears that the evidence of the respondent was recorded and thereafter, the O.P. was adjourned. The allegation of the appellant is that without taking deposition, the Presiding Officer of the Family Court typed out the contents of the petition and after recording that the appellant refused to sign it, the Presiding Officer passed a decree of divorce.

(3.) Therefore, contending that the consent for divorce did not continue up to the time when the evidence was properly recorded in accordance with law, the wife has come up with the above appeal.