No spouse can unilaterally, wilfully be allowed to withdraw consent for Divorce by mutual consent even on grounds; such as fraud, undue force, representation unless grounds are proved satisfactorily,
The Family Court cannot be helpless spectator and duplicity of the petitioner-husband to induce the hapless wife, the respondent to waive maintenance claim for not only herself and her son, also compelled her to withdraw the criminal complaint in the hope of starting her life afresh. The husband by his conduct has caused the wife huge disadvantage. No spouse can unilaterally, wilfully be allowed to withdraw consent even on the grounds; such as fraud, undue force, representation unless grounds are proved satisfactorily, hi the present case, if the withdrawal of consent by the petitioner-husband is upheld, it will cause anomalous situation and serious prejudice to the respondent-wife, who is law abiding person. She will be left high and dry without recourse to any remedy and saddled with dead marriage. The respondent-husband has resorted to fraud and misrepresentation which cannot be permitted by the Courts of Law and equity.1
Bombay High Court
Mr Rajesh S/O Pratap Sainani Hindu vs Mrs Bhavna W/O Rajesh Sainani ... on 26 August, 2008
Bench: V.C. Daga
Citation;2008(6)ALLMR131, 2008(6)MhLj853https://www.lawweb.in/2013/10/no-spouse-can-unilaterally-wilfully-be.html
