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Whether parties are required to give reason for divorce in p

Whether parties are required to give reason for divorce in petition filed U/S 13-B of Hindu Marriage Act?

 
The reason assigned by the Family Court that parties have not
assigned the reasons clearly for not being able to live together is of no
relevance at all in a matter like this.  It is not for the Court to probe
into such reasons and decide as to whether parties were justified in living
separately. That is not the scope of a petition filed under Section 13-B of
the Hindu Marriage Act. Therefore, we are of the view that the order of the
Family Court is misconceived. The Family Court has committed an error in
dismissing the joint petition for dissolution of marriage by a decree of
divorce for the reasons expressed by it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED : 03.08.2016  

CORAM   
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN         
AND  
THE HON'BLE MR.JUSTICE B.GOKULDAS         

C.M.A.(MD).No.767 OF 2016   

1.A.C.Mathivanan 
2.B.Sathyabama                  .. Appellants/Petitioners      
https://www.lawweb.in/2016/08/whether-parties-are-required-to-give.html


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 4 Replies

adv.bharat @ PUNE (Lawyer)     20 August 2016

Thanks for sharing such valuable information.

dr g balakrishnan (advocate/counsel supreme court)     20 August 2016

Every thing has two sides of issue; without that facts of what resulted in mutual divorce idea so family curt right asked the reasons, without reasons if any divorce can emerge what is the guarantee same partners will not come to getther? is another way of looking the same issue. Advocacy has to probe is my view,

dr g balakrishnan (advocate/counsel supreme court)     20 August 2016

we cannot dismiss one view over the other commonsense based approach that is called .reasoning

dr g balakrishnan (advocate/counsel supreme court)     20 August 2016

one gujarat bench said lawyers need to know logic always cannot be correct way of assessing any issue or facts. so obviously the bench said reasoning is also a must; that way judicial reviews take place; else bad Acts or statutes will fill statue books too.

 

Law and reasoning are twins of logic.


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