Unknown vs Smt. Bhawna Saini
2024 Latest Caselaw 407 UK

Uttarakhand High Court

Unknown vs Smt. Bhawna Saini on 20 March, 2024

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
           HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                             AND
            HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                            20TH MARCH, 2024

                FIRST APPEAL No. 15 OF 2024

Anil Saini
                                                             ...Appellant
                                 Versus

Smt. Bhawna Saini
                                                          ...Respondent
Counsel for the appellant         :   Mr. Navneet Kaushik, learned counsel.

Counsel for the respondent.       :   Mr. Sagar Kothari, learned counsel.



JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

The appellant has come up in the appeal

against the judgment of the Family Court dated

08.01.2024, whereby the petition under section 13B of

the Hindu Marriage Act, filed by both the appellant and

the respondent has been dismissed due to lack of

consent given by the wife/respondent.

2. Learned counsel for the appellant says that

before the Family Court all the conditions of Section 13B

of the Hindu Marriage Act, have been complied with by

the appellant and this fact has been noticed that the

entire maintenance has been received by the

respondent, in the form of the transfer deed, of a house and she also filed an affidavit at the time of the

recording of the second motion. However, when the case

was taken up for final disposal for passing the decree of

the divorce on mutual consent, the wife/respondent

withdrew her consent by appearing before the Court and

in this backdrop petition under section 13B of the Hindu

Marriage Act, was dismissed due to the lack of consent.

3. Learned counsel for the respondent, who is

present in the court today, is not disputing the fact that

pursuant to the settlement between the parties, the

entire maintenance was received in the form of the

transfer deed of the house.

4. Since the appellant had complied with all the

conditions of section 13B of the Hindu Marriage Act,

merely withdrawing of her consent would not lead to the

dismissal of the petition under section 13B of the Hindu

Marriage Act. Withdrawal of the consent would have

been accepted if she had returned back a transfer deed

to the husband/appellant, who had transferred the

house in her name, that condition, she has not done till

today.

5. Learned counsel for the respondent, on

instructions, says that she has taken the title deed in her

favour and she has no objection if the appeal is allowed.

The appellate order is set aside. The divorce is granted

to the parties. Since in the present case the second

statement under Section 13B of the Hindu Marriage Act,

was recorded and the respondent has given an affidavit,

before the Family Court and today on instructions, given

by the respondent counsel, are sufficient to grant a

decree of divorce.

6. Keeping in view that all the conditions of

section 13B of the Hindu Marriage Act, had been

complied with, the order dated 08.01.2024, is being set

aside.

______________ RITU BAHRI, C.J.

___________________ ALOK KUMAR VERMA, J.

Dt: 20th March, 2024 NR/