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(Guest)

Concept of divorce by collusion is rendered meaningless

Before :
Sharad Manohar, J.

 
Bharati Vasantrao Karnewar                                     ....Appellant
Versus
Vasantrao Anandrao Karnewar                        ....Respondent.

 
        First Appeal No. 2644 of 1983, decided on 24-7-1987.

 
        Hindu Marriage Act, 1955, Sec. 13-B—Code of Civil Procedure, 1908, O. 23, R. 3—Compromise—Petition for divorce filed by wife on ground of cruelty—Dismissed—Challenged—Husband was not interested in continuing matrimonial life with wife—Held, when compromise can be arrived directly there is no meaning saying that it cannot be done indirectly by collusion. In fact concept of divorce by collusion has been rendered meaningless by virtue of provision of divorce by consent. It is open for parties even to obtain divorce by resort to provision of Order 23, Rule 3 of C.P.C. (Para 3)

 
SHARAD MANOHAR, J.:—This appeal arises out of a petition for divorce filed by the appellant-wife on the ground of cruelty. The petition has been dismissed by the trial Court.


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