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District court allows couple’s divorce plea rejected earlier

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Thane : A local court has set aside the decision of a magistrate rejecting a divorce petition despite the fact that the couple was not willing to stay together.

The couple, both teachers, got married on June 28, 2010, as per Hindu tradition at an Arya Samaj Mandir in Navi Mumbai. However, there were constant quarrels between them. Both of them tried to patch up and settle their disputes amicably, but in vain.

Because of the disputes and differences, it was impossible for them to live together as husband and wife and they started residing separately since September 1, 2012.

Later, they decided to get divorce by mutual consent and filed a petition before a local magistrate.

The trial court insisted that the applicants adduce evidence to show that their parents and relatives made efforts towards their reconciliation, as provided under the Hindu Marriage Act, during the period of six months before filing the petition.

However, in the absence of affidavits of relatives and friends to show efforts made by them for reconciliation, the trial court on June 26 this year dismissed the couple’s petition which was challenged in the Thane district court.

District Judge N N Shrimangale observed that the husband, aged about 30, and wife, around 29 years old, are major and both are well qualified to understand the consequences of seeking divorce.

“So, in such circumstances the learned trial court was bound to allow the petition and to make them pass their future life smoothly,” the judge observed.

He noted that the grounds mentioned by the trial court to reject or dismiss the petition were not sufficient.

Considering his finding to point in the affirmative and the reasons stated therefore, the appeal deserves to be allowed, the judge said in a recent order.

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