Divorce Application Cannot Be Thrown Out Only Because Exact Date Of Marriage Is Not Mentioned: Rajasthan High Court

In the case of Rekha Kumari vs Hemendra Choudhary (D.B. Civil Misc. Appeal No. 718/2022), a division bench of Rajasthan High Court including Justices Sandeep Mehta and Farjand Ali observed that failure to mention the exact date of marriage in an application for divorce alone cannot be the reason for dismissing such application.

FACTS OF THE CASE: The instant miscellaneous appeal was filed by the appellant assailing the judgment-cum-decree passed by the Family Court whereby the application preferred by the appellant and respondent under Section 13B of the Hindu Marriage Act seeking decree of divorce by mutual consent was dismissed. The Family court had observed that parties could not prove the factum of their marriage as per Hindu rites and rituals and thus, were not entitled to a decree of divorce. The Family Court had also said that the application was preferred with a motive to seek Government employment under the ‘Divorcee category’.

JUDGEMENT: While allowing the appeal as well as divorce between the parties by mutual consent, the High Court observed, “True it is that the exact date of marriage was not mentioned in the divorce application but for that reason alone, the divorce application could not have been thrown out.” The counsels for the parties urged that the Family Court was totally unjustified in rejecting the application with the observation that the very fact of their marriage was under a cloud of doubt. The observations made by the Family Court regarding government employment were considered absolutely unjustified and hypothetical.



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