MITTAL RAMESH PANCHAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the order dated 5.10.2013 passed by Judge, Family Court No. 7, Mumbai, in Petition No. F-1919/2013 whereby the joint petition under Section 13B of Hindu Marriage Act, 1955 filed by appellants seeking divorce by mutual consent was rejected. In brief the facts leading to filing of appeal are as under:

(2.) We have heard the learned Advocates representing appellants and further perused the copies of record and proceedings of Petition No. F-1919/2013 as made available by the appellants. After carefully going though the pleadings and order impugned, we are of the opinion that the impugned order is not sustainable, both on facts and in law.

(3.) The learned Judge of the Family Court has primarily rejected the petition on the premises that the marriage between the appellants already dissolved by Deed of Divorce dated 13.6.2011, as per the custom and usage prevailing in the caste and community and, therefore, the petition filed under Section 13B of Hindu Marriage Act is not maintainable. The learned Judge has further rejected the petition by observing that the Deed of Divorce dated 13.6.2011 being an agreement between the appellants, the same cannot be set aside except on the ground that the said agreement was executed by exercising fraud, coercion, misrepresentation, undue influence, etc. on the part of either of the parties to the said agreement. The learned Judge has further rejected the petition on the ground that the marriage between the appellants already dissolved by virtue of Deed of Divorce Deed dated 13.6.2011, executed between them and, therefore, no petition under Section 13B of the Hindu Marriage Act can be entertained.