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Whether doctrine of estoppel is available in case of divorce

Whether doctrine of estoppel is available in case of Divorce by mutual consent?

In the present case, no petition under Section 13-B of the Act has been filed. The petitioner wants for a decree in divorce suit under Section 13 of the Act, in view of compromise dated 10.10.2014, as this compromise would operate as estoppel against the respondents. Rule of estoppel is a rule of evidence. There can be no estoppel against statute. Supreme Court in State of Bihar v. Project Uchcha Vidya, Sikshak Sangh, (2006) 2 SCC 545, held that it is now well known, the rule of estoppel has no application where contention as regards a constitutional provision or a statute is raised.. Section 13-B itself gives liberty for second thought to the parties. The consent must continue during the interregnum period and after this period the parties should again confirm their consent before the Court. As held by Supreme Court in various cases cited above, the parties can withdraw their consent during this period. As such Rule of estoppel has no application in a petition under Section 13-B of the Act.
Case :- MATTERS UNDER ARTICLE 227 No. - 7414 of 2015
Petitioner :- Ashish Kumar Srivastava
Respondent :-Smt. Ankita Srivastava
Hon'ble Ram Surat Ram (Maurya),J.
Dated;Order Date :- 8.4.2016

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