Wife giving up right of maintenance in declaration suit is not legal
The Division Bench of this Court in
Rajashri Rajendra Shasane Vs. Rajendra Babulal
Shasane 1997 (1) Mah.L.J. 254, has held that, “in
order to pass a decree of divorce by mutual consent,
both the parties have to file a petition for divorce
by mutual consent on the ground that they have been
living separately for a period of one year or more
and that they are unable to live together and that
they have mutually agreed that their marriage should
be dissolved.”
8) The case projected by Vishnu is that, the
marital discord ensued by filing Regular Civil Suit
No.10/1995 on 10th January, 1995 and it was
decree/disposed of on 11th January, 1995 by
compromise, which required the wife/Respondent to
withdraw the maintenance proceedings initiated by
her.
9) After the marital relations dated 23.5.1989,
the legal status of the Respondent whether can be
said to come to an end by virtue of the decree in RCS
No. 10/1995? It was a suit, in which, Vishnu claimed
relief of declaration that Respondent Smt. Adhika is
his divorced wife and in the said suit, compromise
pursis was submitted. Smt. Adhika allegedly accepted
suit of Vishnu to be true and correct and accepted
that Vishnu has provided her life time maintenance on
st December, 1994. Hence, she will not claim
maintenance in future. The learned Civil Judge,
Junior Division, who recorded the decree obviously
did not issue suit summons to Sow. Adhika. It is so
recorded in the proceedings. He has allegedly
recorded, the Pursis at Exhibit9 no sooner the suit
was presented on 10th January, 1995 and decreed the
suit on 11th January, 1995. The said consent decree
apparently does not bear signature or thumb
impression of Sow. Adhika nor had signature of her
advocate. Under what circumstances it was acted upon
is a misery in itself. However, giving gobye even
to such illegalities, the fact remains, such
declaration of divorce or mutual divorce being
against the spirit of Hindu Marriage Act and
particularly Section 13 thereof, is not acceptable in
the eyes of law.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO.122 OF 2003
Vishnu s/o Ganpati Subugade
VERSUS
Sow.Adhika w/o Vishnu Subugade
CORAM : K.U.CHANDIWAL, J.
DATE OF PRONOUNCING JUDGMENT: 3
rd APRIL, 2013.
Rajashri Rajendra Shasane Vs. Rajendra Babulal
Shasane 1997 (1) Mah.L.J. 254, has held that, “in
order to pass a decree of divorce by mutual consent,
both the parties have to file a petition for divorce
by mutual consent on the ground that they have been
living separately for a period of one year or more
and that they are unable to live together and that
they have mutually agreed that their marriage should
be dissolved.”
8) The case projected by Vishnu is that, the
marital discord ensued by filing Regular Civil Suit
No.10/1995 on 10th January, 1995 and it was
decree/disposed of on 11th January, 1995 by
compromise, which required the wife/Respondent to
withdraw the maintenance proceedings initiated by
her.
9) After the marital relations dated 23.5.1989,
the legal status of the Respondent whether can be
said to come to an end by virtue of the decree in RCS
No. 10/1995? It was a suit, in which, Vishnu claimed
relief of declaration that Respondent Smt. Adhika is
his divorced wife and in the said suit, compromise
pursis was submitted. Smt. Adhika allegedly accepted
suit of Vishnu to be true and correct and accepted
that Vishnu has provided her life time maintenance on
st December, 1994. Hence, she will not claim
maintenance in future. The learned Civil Judge,
Junior Division, who recorded the decree obviously
did not issue suit summons to Sow. Adhika. It is so
recorded in the proceedings. He has allegedly
recorded, the Pursis at Exhibit9 no sooner the suit
was presented on 10th January, 1995 and decreed the
suit on 11th January, 1995. The said consent decree
apparently does not bear signature or thumb
impression of Sow. Adhika nor had signature of her
advocate. Under what circumstances it was acted upon
is a misery in itself. However, giving gobye even
to such illegalities, the fact remains, such
declaration of divorce or mutual divorce being
against the spirit of Hindu Marriage Act and
particularly Section 13 thereof, is not acceptable in
the eyes of law.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO.122 OF 2003
Vishnu s/o Ganpati Subugade
VERSUS
Sow.Adhika w/o Vishnu Subugade
CORAM : K.U.CHANDIWAL, J.
DATE OF PRONOUNCING JUDGMENT: 3
rd APRIL, 2013.
https://www.lawweb.in/2013/08/wife-giving-up-right-of-maintenance-in.html
