LAWS(CAL)-2009-1-13

RITA BHATTACHARJEE Vs. JYOTIRMOY MUKHERJEE

Decided On January 12, 2009
Rita Bhattacharjee Appellant
V/S
Jyotirmoy Mukherjee Respondents

JUDGEMENT

(1.) THESE two applications were heard analogously as common questions of laws are involved herein. These two applications have been filed by the parties to two different matrimonial appeals pending in this court thereby praying for granting divorce on mutual consent.

(2.) THE question that primarily arises for determination in these applications is whether in a pending appeal against the dismissal of a suit for divorce on the grounds specified in Section 13 of the Hindu Marriage Act (hereinafter referred to as the Act), the parties to such proceedings, instead of filing a fresh application under Section 13B of the Act before the learned District Court, can file such an application and insist on passing a decree for divorce on mutual consent without waiting for six months as provided in Section 13B(2) of the Act.

(3.) IN order to appreciate the contentions of the learned counsel for the parties, it will be appropriate to refer to the provisions contained in Section 13B of the Act which are quoted below :