Case Note & Summary
The appellant-husband and respondent-wife were married on 01/02/1998 as per Hindu rites. Disputes arose, leading to the wife filing a suit for restitution of conjugal rights and the husband filing a suit for divorce. The wife's suit was decreed and the husband's suit dismissed. Both parties appealed to the First Appellate Court. On 23/11/2013, the parties were referred to Lok-Adalat where they amicably settled their disputes and agreed to seek a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. The husband paid Rs. 6,50,000/- to the wife as per the settlement terms. The parties jointly applied before the Trial Court, which granted the decree of divorce by mutual consent. However, after receiving the amount, the wife withdrew her consent and the First Appellate Court set aside the Trial Court's decree. The husband filed the present second appeal. The High Court framed the substantial question of law as to whether the First Appellate Court was justified in setting aside the mutual consent divorce after the wife had received the full settlement amount. The Court noted that the wife had received the entire sum and the decree was passed on joint application; her subsequent withdrawal of consent was an abuse of process. The High Court allowed the appeal, set aside the First Appellate Court's judgment, and restored the Trial Court's decree of divorce by mutual consent.
Headnote
A) Family Law - Divorce by Mutual Consent - Section 13B Hindu Marriage Act, 1955 - Withdrawal of Consent - The appellant-husband and respondent-wife, after matrimonial disputes, settled their differences in Lok-Adalat and jointly applied for divorce by mutual consent under Section 13B. The husband paid Rs. 6,50,000/- as per terms. The Trial Court granted the decree. The wife later withdrew consent and the First Appellate Court set aside the decree. The High Court held that once the wife received the entire amount and the decree was passed, she could not unilaterally withdraw consent; the appeal was allowed and the Trial Court's decree restored. (Paras 4-8) B) Family Law - Lok-Adalat Settlement - Binding Nature - The settlement arrived at in Lok-Adalat and acted upon by payment of consideration creates a binding obligation; a party cannot resile after receiving benefits. The First Appellate Court's interference was erroneous. (Paras 5-7)
Issue of Consideration
Whether the First Appellate Court was justified in setting aside the decree of divorce by mutual consent granted by the Trial Court under Section 13B of the Hindu Marriage Act, 1955, after the wife had received the full settlement amount and subsequently withdrew her consent.
Final Decision
The High Court allowed the second appeal, set aside the judgment and decree of the First Appellate Court, and restored the decree of divorce by mutual consent passed by the Trial Court.
Law Points
- Divorce by mutual consent
- Section 13B Hindu Marriage Act
- 1955
- Withdrawal of consent
- Lok-Adalat settlement
- Finality of consent
- Abuse of process
