Wife had filed WP in high court challenging the divorce order. The main points of the case are ,
1) The husband had filed for divorce in 2011 on the grounds cruelty and insanity(unsound mind), which was withdrawn in the same year by the husband . it was allowed
2) Husband filed for divorce in 2013 again on the same grounds, cruelty and unsound mind( insanity) without any new acts. The case was refiled by the husband on the same contentions of 2011 petition
3) 2015 a mediation was called, both parties were allowed to attend the mediation. now the question is how could the court allow an alleged unsound mind wife without even assessing her competency to enter into mediation ?
Don't you all agree that all family courts should be sensitised not to allow any meditations if petition ground is insanity ?
4) the wife was unduly pressured in the mediation, falsely pursuaded to sign the divorce petition for a certain amount of alimony. Mediation report was drawn on 7th August 2015
5) The husband submitted request to withdraw his allegations of mental ill health against the wife and amend the petition on 11th August 2015
An amendment to the petition was allowed for the husband to withdraw the insanity grounds to smoothly carry out the mediation are settlement without the consent of the wife on 11th August 2015 which is 4 days later of the mediation settlement/agreement report
Do you all this kind of judicial system that is helping parties to use a ground to file the petition, and amend it at the petitioner's convenience to aid the divorce ? is this justifiable ? are our system so desperate to aid the divorce ?
6) The amended petition was allowed in terms of the settlement entered between the parties before mediation centre Bangalore and the wedding was dissolved by granting decree of divorce
7) The wife realised the foul play of the husband after she got to know that he was remarried his colleague with whom he has an affair since 2011. This was mentioned by the wife on her objections filed for 2013 petition.
a) If you all consider the mediation report as an agreement, here the wife shouldn't have been allowed to enter the agreement at all as she did not have competency to enter the agreement. and as per Indian contact act of 1872, capacity to enter the contact/agreement is one of the essentials and the absence of which will make the agreement / contact null and void. My question is how could the judicial system be ignorant to these basics ? How could the Bangalore family court ignore this and helped the husband to amend to his whims and fancies to aid the divorce ? is this justifiable ?
8) There was no fresh agreement drawn after the amendment of withdrawing insanity grounds. the court passed the decree on the agreement done before the amendment.
technically, the Bangalore family court allowed a divorce based on the mediation agreement between an unsound wife and the competent husband.
9) the wife filled MFA in high court challenging the divorce with the above said facts, and she was given the liberty to file a WP.
9) a WP was filed in 2019 and the judge dismissed the case because the wife has given her consent to agree to the terms and condition in the mediation on 2nd Jan 23
Your views and opinions on the case is solicited.
