Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
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The Court said that appealing against such divorce decrees would undermine the court’s authority, make a mockery of its verdict and amount to contempt of court and perjury.
The Punjab and Haryana High Court recently ruled that a couple that has obtained divorce by mutual consent under the Hindu Marriage Act cannot later appeal against the decree on the ground that they want to live together as husband and wife again.
A Bench of Justices Sureshwar Thakur and Sudeepti Sharma said that such behaviour would undermine the court’s authority, make a mockery of its verdict and amount to contempt of court and perjury.
“Permitting parties to subsequently retract their sworn statements and assert a desire to reconcile, by stating that they have realised their mistake and now they want to live together, would amount/constitute Contempt of Court and perjury,” the Court said further.
However, the Court also opined that such couples can marry each other again as there is no bar under the Hindu Marriage Act for re-marriage of parties who have been granted divorce.
The High Court was hearing an appeal moved by a couple whose marriage was dissolved by mutual consent in November 2023. The custody of their minor daughter was handed to the mother.
The couple, who married in November 2016, had been living separately since December 2021. After their divorce, the court was told they have “realised their mistake” and now want to stay together for the welfare of their child. Thus, they sought setting aside of the divorce decree.
The High Court considered whether an appeal under Section 28 of the Hindu Marriage Act against dissolution of marriage by mutual consent under Section 13-B of the Act would be maintainable in view of the provisions of the Code of Civil Procedure (CPC).
After going through the relevant law, the Court noted that Section 28A of the Hindu Marriage Act provides that all decrees under the enactment shall be appealable. The procedure which is to be followed for filing of the appeal and maintainability of the appeal is governed by the CPC, it added.
In this backdrop, the Court said that since Section 96(3) of CPC does not allow appeals against consent decrees, the divorce obtained under mutual consent also cannot be challenged.
“Since there is a bar under Section 96(3) of CPC that no appeal shall lie from decree passed by the Court with the consent of the parties. Therefore, no appeal shall lie from decree passed by the Court with the consent of the parties under Section 13-B of the Act. Appeal under Section 13-B would be maintainable only on the ground that the consent was obtained by force, fraud or undue influence,” it concluded.
