LAXMI Vs. DINESHCHAND YADAV

JUDGEMENT

(1.) Mr. Lalit Prakash, learned advocate holding the brief appears on behalf of applicant-appellant wife. He submits, his client is aggrieved by order dtd. 7/1/2025 of the Family Court dismissing the joint petition for divorce by mutual consent. The appeal was presented on re- ported delay of 232 days. Applications have been made for condonation and exemption.

(2.) On query Mr. Prakash submits, his client received agreed amount of permanent alimony. However, respondent did not join for making second motion, which is why the joint petition was dismissed.

(3.) Sec. 13-B in Hindu Marriage Act, 1955 provides for divorce by mutual consent. The provision makes requisitions to be fulfilled by the consenting parties, for the Court to dissolve the marriage. Sub-sec. (2) requires second motion to be made not later than 18 months after presentation of the first motion (the joint petition for divorce). On omission of any of the requirements, the Court is justified to hold that there is lack of consent. As such, basis for the joint petition filed will thereby stand removed. On the facts, there is no merit in the appeal.