Family Court’s divorce decree quashed by Orissa High Court

CUTTACK: The Orissa High Court has sent back to the Family Court (Balasore) a case of divorce on mutual consent in which decree was passed even after the wife withdrew her consent. The wife had challenged the Family Court’s order passed on November 22, 2021.

Justice Gourishankar Satapathy in a recent ruling said, “In this case, although the writ petitioner has withdrawn her consent just four days before the passing of decree, the trial court notwithstanding such fact has dissolved the marriage between the parties on mutual consent u/s 13-B of the Hindu Marriage Act, which is not only erroneous, but also unsustainable in the eye of law and liable to be set aside.”