Case Note & Summary
The case involves a husband (Suresh Bhandary) who filed an appeal against a Family Court order granting divorce by mutual consent on certain terms. The wife (Sushma Bhandary) had filed a divorce petition on grounds of cruelty. During proceedings, consent terms were filed where the wife agreed to withdraw all allegations, not claim custody or access to their 16-year-old son, and accept maintenance of Rs. 15,000 per month and a lump sum of Rs. 5,00,000 as permanent alimony. The husband initially agreed but later resiled, insisting that the wife declare her allegations false. The wife refused. The Family Court accepted the consent terms and granted divorce. The husband appealed. The High Court held that the husband cannot unilaterally withdraw from consent terms after the wife had agreed to all conditions. The court directed execution of the consent terms, including payment of arrears of maintenance and the lump sum. The court also noted that the son, being nearly 16, could decide on meeting his mother. The appeal was dismissed with costs.
Headnote
A) Family Law - Divorce by Mutual Consent - Consent Terms - Husband resiled from consent terms after wife agreed to all conditions - Court held that husband cannot unilaterally withdraw from consent terms and directed execution of consent terms for divorce by mutual consent under Section 28 of Special Marriage Act, 1954 (Paras 1-10). B) Family Law - Maintenance - Permanent Alimony - Wife entitled to maintenance of Rs. 15,000 per month and lump sum of Rs. 5,00,000 as permanent alimony - Court directed husband to pay arrears and continue maintenance (Paras 11-15). C) Family Law - Custody of Minor Child - Child aged 16 years - Court declined to grant custody or access to wife as child is almost major and can decide for himself (Para 3).
Issue of Consideration
Whether the husband can resile from consent terms agreed upon for divorce by mutual consent and whether the wife is entitled to maintenance and custody of the minor child.
Final Decision
Appeal dismissed with costs. Consent terms directed to be executed. Husband to pay arrears of maintenance and lump sum of Rs. 5,00,000 as permanent alimony.
Law Points
- Consent terms for divorce by mutual consent
- withdrawal of allegations
- custody of minor child
- maintenance
- permanent alimony
- Section 28 Special Marriage Act
- 1954
- Section 26 Hindu Marriage Act
- 1955
