REKHA DEVI Vs. ABHISHEK MISRA

JUDGEMENT

(1.) This is an appeal from order under Section 28 of the Hindu Marriage Act, 1955 read with Section 19 of the Family Court Act against the judgment and decree dated 25.7.2011 passed by the Addi-tional District Judge, Room No. 1, District Sultanpur in Regular Case No. 687 of 2010 (Smt. Rekha Devi v. Abhishekh Misra) wherein the appeal has been dismissed.

(2.) The appellant has prayed for setting aside the judgment and decree on a number of grounds but the main ground taken by the appellant is that the suit has been dismissed despite 'No objection' from the husband opposite party. The learned court below was of the opinion that suit for divorce could not have been allowed under the provision in which it was filed. The learned court below was of the view that on the grounds mentioned in the suit a decree on the basis of mutual consent could not have been issued. It was observed that for this purpose a regular suit under Section 13B of the Hindu Marriage Act should have been instituted. Mutual consent can not be a ground for getting a divorce under the provisions in which the suit was filed.

(3.) This court feels that the order of learned court below can not be faulted on any count and there is no scope of interference with the impugned order. There is no doubt that there is specific provision for obtaining the divorce by mutual consent under Section 13 B of the Hindu Marriage Act. Accordingly the line of reasoning taken by the court below was absolutely correct.