RAJASHRI RAJENDRA SHASANE Vs. RAJENDRA BABULAL SHASANE

JUDGEMENT

(1.) THIS First Appeal is filed against the judgment and decree dated 19th February, 1994 in M. J. Petition No. 576 of 1990 passed by the learned Judge, 3rd Family Court, Bombay. By the aforesaid judgment and decree, the Family Court passed the decree of divorce under section 13-B of the Hindu Marriage Act, 1955.

(2.) IN this appeal, the appellant who is the wife of the respondent got married with the respondent on 7-12-1986. Sometime in the month of October, 1987, appellant returned to her parental home for delivery and gave birth to a female child named Tejasari on 14-1-1988. Respondent-husband filed the present petition under section 13 of the Hindu Marriage Act for a decree of divorce against the present appellant on the grounds of cruelty and desertion i. e. under section 13 (1) (i-a) and (i-b) of the Hindu Marriage Act. The Family Court,. while delivering the judgment converted the said petition into a petition for divorce by mutual consent under section 13-B of the Act and granted divorce. The Family Court has also directed the respondent-husband to pay an amount of Rs. 40,000/- towards the permanent alimony to the present appellant and also directed the respondent-husband to pay Rs. 600/- per month towards maintenance of the child from the date of the order.

(3.) MR. Kanade, the learned Counsel appearing on behalf of the appellant-wife, submitted that the appellant filed the said petition for divorce before the Family Court under section 13 (1) (i-a) and (i-b) of the Hindu Marriage Act i. e. on the grounds of cruelty and desertion. Admittedly, before the Family Court, at no point of time petition for divorce by mutual consent under section 13-B of the said Act was ever filed by the appellant and the respondent. Inspite of that, the Family Court surprisingly passed the decree under section 13-B of the Act and granted divorce by mutual consent. The aforesaid decision, according to the learned Counsel for the appellant, is illegal and without jurisdiction.