PRAMLLA versus RAMESHWAR AND ANR.

PRAMLLA versus RAMESHWAR AND ANR.

The Court held that the decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 shall be effective from the date of the judgment of the lower appellate court, i.e., December 22, 1989, and respondent No.1 shall pay the appellant Rs. 700 per month commencing November 1, 1995, with liberty of recovery by arrest in case of default.

Parties
Appellant: Pramila; Respondent No. 1: Rameshwar; Respondents: Rameshwar and Anr.
Jurisdiction
India
Judgment Date
03 November 1995
Procedural Posture
Civil Appeal / Appeal Disposed
Outcome
Appeal disposed
Legal Topics
Divorce by Mutual Consent, Alimony
Family Law Divorce by Mutual Consent Alimony

Case Brief

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Parties

Pramila

Appellant

Rameshwar

Respondent No. 1

Rameshwar and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal Disposed

Legal Issues

  1. 1 Whether the decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 can be made effective from the date of the judgment of the lower appellate court
  2. 2 Issue of alimony payment to wife

Ratio Decidendi

The Court held that the decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 shall be effective from the date of the judgment of the lower appellate court, i.e., December 22, 1989, and respondent No.1 shall pay the appellant Rs. 700 per month commencing November 1, 1995, with liberty of recovery by arrest in case of default.

Court Disposition

Appeal disposed

Orders

  • Respondent No. 1 to pay appellant Rs. 700 per month starting from November 1, 1995 on or before 5th of every succeeding month
  • All pending proceedings between parties stand closed