Whether court can pass divorce decree on admission?
the Full Bench of this Court held that a decree for dissolution of
marriage cannot be made merely on admissions and without recording
any evidence. In the case of Sushila Mahendra Nanavati Vs.
Mahendra Manilal Nanavati, AIR 1960 Bombay 117, the Division
Bench of this Court held that under Order 8, Rule 5, it is well settled that
both the plaintiff as well as the defendant must be held bound by the
statement of facts in their respective pleadings. But under the proviso to
Order VIII, Rule 5, the Court may, in its discretion require any fact
admitted to be proved otherwise than by such admission. The proviso to
Section 58 of the Evidence Act is also to the same effect. In
matrimonial proceedings, there can be no judgment by default or
admission. Even in the case of Pranjali Bingi (supra), the learned
Single Judge of this Court held in paragraph 10 that merely because both
the parties have prayed for same reliefs of divorce, on the basis of
different set of facts, the Court does not get jurisdiction to pass order
under Order 12, Rule 6 C.P.C.
IN THE HIGH COURT OF JUDICATURE AT MUMBAI
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6066 OF 2014
Meenal Nigam … Petitioner
Vs.
Ravi Kalsi … Respondent
CORAM : R. G. KETKAR, J.
Pronounced on: 13TH MARCH, 2015
Citation;2016(1) ALLMR 89
https://www.lawweb.in/2016/03/whether-court-can-pass-divorce-decree.html
