Case Note & Summary
The case involved a transfer petition filed by Ruchira seeking the transfer of H.M.A. No.45 of 2006 from the Additional District Judge, Gurgaon, Haryana, to the Civil Judge (Senior Division), Bhubaneswar, Orissa. During the proceedings, both parties submitted a joint petition for compromise, agreeing to a mutual consent divorce and the dismissal of a separate petition for restitution of conjugal rights filed by Ruchira. The Supreme Court, upon hearing the counsel for both parties, decided to transfer the cases to itself and granted a mutual consent divorce decree in H.M.A. No.45 of 2006. Additionally, the court noted that a bank draft of Rupees ten lakhs was provided as permanent alimony from the husband to the wife. The transfer petition was thus disposed of with the divorce decree being granted and the restitution petition dismissed.
Headnote
A) Family Law - Divorce - Mutual Consent Divorce - Grant of Divorce Decree - Hindu Marriage Act, 1955, Section 13B - The parties filed a joint petition for mutual consent divorce, agreeing to dismiss the restitution of conjugal rights petition. The court allowed the mutual consent divorce and transferred the cases accordingly, ensuring the terms of permanent alimony were met. Held that the mutual consent divorce was granted as per the agreement of the parties (Paras Not mentioned).
Issue of Consideration
Whether the transfer of the matrimonial case and the granting of a mutual consent divorce decree should be allowed.
Final Decision
The Supreme Court allowed the mutual consent divorce decree and transferred the cases to itself, dismissing the restitution petition.
Law Points
- Transfer of cases
- Mutual consent divorce
- Permanent alimony
