Family Court Appeal No. 201 of 2013. Case: In re Mittal Ramesh Panchal Vs. High Court of Bombay (India)

Case NumberFamily Court Appeal No. 201 of 2013
CounselFor Appellant: Ram Mani Upadhyay, Satyen-drakumar R. Sharma, Advs.
JudgesSmt. V. K. Tahilramani , J. and V. L. Achliya, J.
IssueHindu Marriage Act (25 of 1955) - Section 13B(2); Civil Procedure Code (5 of 1908) - Section 151
CitationAIR 2014 BOM 80
Judgement DateDecember 23, 2013
CourtHigh Court of Bombay (India)

Judgment:

V. L. Achliya, J.

1. This appeal is directed against the order dated 5/10/2013 passed by Judge, Family Court No. 7, Mumbai, in Petition No. F - 1919/2013 whereby the joint petition u/S. 13-B of Hindu Marriage Act, 1955 filed by appellants seeking divorce by mutual consent was rejected.

2. In brief the facts leading to filing of appeal are as under:

The facts of the present case are very peculiar and most unusual. The appellant Nos. 1 and 2 were married on 29/4/2007 at Mumbai, as per the Hindu rites and rituals. Their marriage was also registered with the office of Registrar of Marriage, Mumbai Suburban Office at Bandra, Mumbai. Within a year of their marriage, the disputes arose between them due to incompatibility, inequality and differences in their thoughts. They decided themselves to be separated from their conjugal society. Their family members, well wishers and friends tried their level best to resolve the dispute but it resulted into vain. Thereafter appellants decided to dissolve their marriage by mutual consent. As per the advice received, they executed the document titled as "Deed of Divorce" on 13/6/2011, which was notarized before notary. At that time they were not aware that such divorce is not recognized under law. After execution of deed of divorce both the appellants remarried. The appellant No. 1 married to one Mr. Dimpu Bhailal Shah on and by 10/8/2012 as per Hindu rites and rituals. Their marriage was solemnized at Mumbai. The husband of appellant No. 1 claims to be permanent resident of U.S.A, where he is serving as Desk Top Telecommunication Operator. The appellant No. 1 claims to be holding degree of Master of Business Administration in Human Resources. Her husband, made an application for seeking VISA for her so as to join her conjugal society and employment in U.S.A. She received letter dated 12/8/2012, from American Consulate to appear for interview at US Embassy / Consulate in Mumbai, on 16/9/2013 for issuing Visa. Pursuant to that letter she appeared before the concerned authority. However, the Visa was not issued. She was informed vide letter dated 16/9/2013 from US Embassy that they are unable to issue Visa to her as she has not produced a decree of divorce from Indian Court. On receipt of letter dated 16/9/2013, for the first time she came to know that Deed of Divorce dated 13/6/2011 executed between herself and her husband i.e. appellants, is not a valid decree in the eyes of law. She, therefore, consulted an advocate, who in turn apprised her the procedure for obtaining the decree of divorce from Family Court. She was also told that she will have to wait for six months from the date of presentation of petition for obtaining decree of divorce by mutual consent.

The appellant No. 1 and her family members approached the appellant No. 2 and apprised him the difficulty which she is facing in obtaining the Visa and the requirement of decree of divorce from the competent Court. Considering her difficulty the appellant No. 2 readily agreed to co-operate with the appellant...

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