Divorce Decree by Consent is Appealable-AHC

May 29, 2018
In a recent case decided by the High Court of Allahabad has opined that where the consent itself is disputed and is not said to be genuine the same can be assailed by way of appeal.
In the case, the Appellant wife appealed against decree of divorce passed by the Family Court under Section 13B of Hindu Marriage Act, 1955 (Divorce by Mutual Consent) on the ground that the divorce decree was allegedly obtained by fraud by getting the signatures of the appellant-wife on the petition by coercion.
Here it would be relevant to throw some light on the law prevailing in context of appeal against decree passed by consent of parties. Section 19(2) of the Family Courts Act, 1984 prohibits filing of an appeal against a decree passed with the consent of the parties.
Hence, the intrinsic issue that fell for consideration by the Court was whether an appeal would lie under Section 19 of the Family Courts Act, 1984 against a decree passed under Section 13-B of the Hindu Marriage Act, 1955 by mutual consent?
The High Court while pronouncing its verdict made reference to statutory provisions governing the law relating to divorce by mutual consent. The Court made the following observations in the case:

In view of the aforesaid facts and circumstances the Division Bench of the High Court held that even a consent decree under such facts and circumstances of the case, where the consent itself is disputed and no inquiry has been conducted by the court below is maintainable, subject to objection on appearance by the other side.

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