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