Family - Waive - Legality of - Order 9 of Code of Civil Procedure, 1908(CPC) - Present petition filed against order whereby application for waiver of 6 months period for acting upon consent terms and obtaining a divorce by mutual consent was rejected - Held, it may be appreciated that any petition, which is filed in Court, may or may not be contested - If it is uncontested, an ex-parte decree may be passed under Order IX of CPC, which applies to Family Courts as Civil Courts - Decree of divorce could be passed under that provision also - That can be passed within less than 6 months of filing petition - If allegations came to be withdrawn and as is desirable under reconciliatory mode must both be entitled to decree of divorce without burden - Consequently view expressed by Trial Court is seen to be erroneous - Hence, impugned order set aside, petition allowed and petition remanded to Trial Court to pass necessary orders
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
Writ Petition No.1381 of 2010
Rakesh Harsukhbhai Parekh ..
v/s.
1.State of Mah.
2.Niti R. Parekh
CORAM : SMT.ROSHAN DALVI, J.
February, 2010
DATED : 23rd1
Citation; 2010 (7)MH LJ 790;AIR2011Bom34, 2010(4)BomCR820, 2011(3)RCR(Civil)485
