VISHAL NITINKUMAR KONDHIA Vs. JAHNVI VISHAL KONDHIA

JUDGEMENT

(1.) Rule on both these petitions returnable forthwith. By consent of the parties and at their request the petitions are taken up for final hearing.

(2.) The petitions arise between the same parties arising from the same proceedings before the family court at Mumbai, as also the issues are quite interconnected. The petitions were accordingly heard together and are being disposed of by this common judgment. Both the petitions are filed by the petitioner-husband and the common respondent is the wife.

(3.) The issue which arises for consideration in the first petition is as to whether the petitioner-husband in defending matrimonial proceedings instituted by the respondent- wife before the family court at Mumbai, can be permitted to raise a defense by amending written statement, on the basis of a divorce decree obtained by him from the Dubai Court and whether the Family Court was justified in rejecting such amendment to the written statement. In the second petition the issue which falls for consideration is whether it was permissible for the petitioner to withdraw his consent to seek divorce by mutual consent as contained in a written pursis filed before the Family Court. The petitioner's application to withdraw the consent has been rejected by the Family Court.