Divorce by Mutual Consent -- Second Motion Not Filed Within 18 Months -- Requirement of Section 13-B(2) held directory and not mandatory
(i) Hindu Marriage Act, 1955, S.13-B(2) -- Divorce by Mutual Consent -- Nature of Time Period Prescribed -- The requirement of Section 13-B(2) is directory and not mandatory in nature. (ii) Hindu Marriage Act, 1955, S.13-B(2) -- Divorce by Mutual Consent -- Second Motion Not Filed Within 18 Months -- Delay in filing the second motion beyond eighteen months does not bar a joint petition for divorce where the first motion is not withdrawn and both parties continue to consent to separation. Rejection of such a joint petition on the ground of delay is not sustainable, and the petition stands restored. (iii) Hindu Marriage Act, 1955, S.13-B(2), Family Courts Act, 1984, S.19(2) -- Divorce by Mutual Consent -- Appeal Against Dismissal of Petition -- The bar on appeal under Section 19(2) of the Family Courts Act does not apply where the impugned judgment dismisses a petition under Section 13-B of the Hindu Marriage Act, since such dismissal is not a judgment passed on consent. The appeal remains maintainable even where both parties support each other in the appeal.
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