JATINA SAMIR SHAH Vs. SAMIR MOHIT SHAH

JUDGEMENT

(1.) Admit.

(2.) Mr. L.C. Joshi, the learned Counsel waives service on behalf of respondent. With the consent of both the sides, this Appeal is taken up for final hearing today.

(3.) This appeal is directed against the judgment and order passed by Family Court No. 6, Bandra, Mumbai dated 20th November, 2007 in Petition No. F-646 of 2007, by which the learned Judge dismissed the same on the ground that the pre-requisite condition of filing of the petition for divorce by mutual consent is not satisfied, as in view of the agreement executed by the parties regarding mutual divorce, it cannot be said that on the date of filing the application, the relationship of husband and wife was subsisting. The appellant and respondent herein had submitted the said petition for mutual divorce under section 13(b) of The Hindu Marriage Act, 1955 for dissolution of marriage by mutual consent. The marriage between the appellant and respondent was solemnized on 2nd February, 2006 and however, they realised that it is not possible for them to continue the matrimonial tie any further and they separated from each other, in the second week of June, 2006. Since then, the appellant-wife is residing with her parents. A joint petition thereafter was submitted on 10th May, 2007 under section 13(b) of the Hindu Marriage Act. Along with the application a document relating to divorce by mutual consent was also annexed. The parties inter se agreed by the said agreement that the marriage solemnized between them is hereby dissolved by mutual consent. Clause 6 in the said agreement provides as under :-