A Couple Divorced by Mutual Consent May Remarry Again but They Can Not Challenge the Divorce Decree Passed Under Section 13 (B) of the Hindu Marriage Act, 1955
- In a recent judgement the Punjab and Haryana High Court observed that an appeal against the divorce decree passed under Section 13(b), of the Hindu Marriage Act is not maintainable on the ground that the divorced spouses wish to again live together as husband and wife.
- The Couple had obtained divorce by mutual consent under Section. 13 (b) of the Hindu Marriage Act, 1955, and later they had filed an appeal against the divorce decree.
- The divorced couple had stated that they had realised their mistake of taking a divorce and they wish to come together for the welfare of their minor daughter, who was affected the most by their divorce.
- The court observed that as per Section 15 of the Hindu Marriage Act, 1955, there is no bar on the divorced couple remarrying each other. The court held that the divorced couple had the option of remarrying each other.
- Appeal under Section 28 of the Hindu Marriage Act, 1955, is applicable to all decrees except decree passed under Section 13 (b) of the Hindu Marriage Act, 1955.
- Appeal under Section 13 (b) of the Hindu Marriage Act, 1955, is maintainable exclusively on the ground that the consent was obtained by use of force, undue influence or fraud.
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