Case Note & Summary
The Civil Revision Application was filed by the petitioner-husband against the judgment and order dated 22nd November 1994, passed by the Assistant Judge, Nadiad, which rejected the petitioner's application for a decree of divorce. The marriage between the petitioner and the respondent took place on 19th December 1985, where the respondent falsely declared herself as a divorcee. The petitioner later discovered that the respondent had not obtained a divorce from her previous husband at the time of their marriage. After filing a divorce petition in 1990, the respondent admitted in her written statement that she had no objection to the marriage being declared null and void. The petitioner sought a decree for divorce based on this admission. The trial judge, however, misdirected himself by focusing on other denials made by the respondent in her written statement. The High Court found that the respondent's admission constituted sufficient grounds for granting the divorce decree. The court allowed the revision application, quashed the trial court's order, and directed the District Court to issue a divorce decree based on the respondent's admission. The court made the rule absolute with no order as to costs.
Headnote
A) Family Law - Divorce Decree - Granting of Divorce Based on Admission - Indian Divorce Act, 1869, Section 45; Code of Civil Procedure, 1908, Order 12 Rule 6 - The court found that the respondent admitted in her written statement that she had no objection to the decree of divorce being granted, which constituted an admission of fact. The trial judge's rejection of the application for divorce was deemed a material irregularity, leading to the conclusion that the decree should be granted based on the respondent's admission. Held that the decree for divorce was to be passed as prayed for by the petitioner (Paras 1-20).
Issue of Consideration
Whether the court should grant a decree of divorce based on the respondent's admission in her written statement.
Final Decision
The High Court allowed the Civil Revision Application, quashed the trial court's order dated 22nd November 1995, and directed the District Court to grant a decree of divorce based on the respondent's admission in her written statement.
Law Points
- Admission of fact
- Divorce decree
- Nullity of marriage
- Code of Civil Procedure
- 1908
- Indian Divorce Act
- 1869
