ANU BHANDARI versus PRADIP BHANDARI

ANU BHANDARI versus PRADIP BHANDARI

Having regard to the long separation, conscious mutual settlement, and the interest of justice, it is not necessary for the parties to wait for a further period of six months under s.13B; the marriage is dissolved by mutual consent and all litigation between the parties is ended as per the terms of settlement.

Parties
Appellant: Anu Bhandari; Respondent: Pradip Bhandari
Jurisdiction
India
Judgment Date
05 March 2018
Procedural Posture
Civil Appeal / Final Decision
Outcome
Appeals disposed of; marriage dissolved by mutual consent; pending litigations quashed/dismissed/disposed as per settlement.
Legal Topics
Divorce by Mutual Consent, Settlement of Matrimonial Disputes, Role of Family Courts
Family Law Divorce by Mutual Consent Settlement of Matrimonial Disputes Role of Family Courts

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Parties

Anu Bhandari

Appellant

Pradip Bhandari

Respondent

Procedural Posture

Civil Appeal / Final Decision

Legal Issues

  1. 1 Whether the marriage between Anu Bhandari and Pradip Bhandari can be dissolved by mutual consent without waiting for the statutory period under s.13B of Hindu Marriage Act
  2. 2 Whether pending civil and criminal litigations between the parties can be quashed upon settlement

Ratio Decidendi

Having regard to the long separation, conscious mutual settlement, and the interest of justice, it is not necessary for the parties to wait for a further period of six months under s.13B; the marriage is dissolved by mutual consent and all litigation between the parties is ended as per the terms of settlement.

Court Disposition

Appeals disposed of; marriage dissolved by mutual consent; pending litigations quashed/dismissed/disposed as per settlement.

Orders

  • The marriage between Anu Bhandari and Pradip Bhandari is dissolved by decree of divorce by mutual consent.
  • All pending civil and criminal litigations between the parties are quashed/dismissed/disposed of as per settlement.