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Annulmemt decree of divorce is converted into consent decree

 

Annulment Decree in appeal is converted in to consent divorce decree

 
 The judgment and decree under appeal relates to the annulment of the marriage tie between the parties. It is the husband who was successful in obtaining it. Now, the wife is in appeal before us. The parties have entered into a compromise; the terms whereof have been put on record in writing. In terms therewith, the parties have desired that the marriage between them may be kept dissolved but not on annulment and instead by "mutual consent" effective from the date of the High Court judgment, i.e., 29-7-1994. Such request, in the facts and circumstances, appears to us to be reasonable. We, therefore, substitute the order of the High Court as if from the date of its judgment, the marriage between the parties stood dissolved by a decree of divorce upon mutual consent


Supreme Court of India
Radha vs Mohinder Kumar on 20 March, 1996
Equivalent citations: (1998) 8 SCC 530

https://www.lawweb.in/2013/09/annulment-decree-in-appeal-is-converted.html



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