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CONSENT DIVORCE U/S 13 HMA Petition

The Division Bench of the Hon'ble Bombay High Court has on 6th May 2011 upheld the decision of a trial court which granted a decree of dissoloution of marriage in a S.13 HMA Petition on the basis of mutual consent despite one of the party withdrawing his consent before the decree was passed.  This decision explains the circumstances under which the trial court can pass such decree.  The Bombay High Court was in agreement with the decision of the division bench of the Calcutta High Court in the case of   Apurba Mohan Ghosh v. Manashi Ghosh AIR 1989 Cal.115.

For family Court practitioners this decision will be of much help.  You may visit the site https://www.indiankanoon.org/doc/1660080/ for the Bombay High Court decision of 6th May 2011



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