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Head Note

Matrimonal Law  - Matrimonial Law

Hindu law - Marriage - Hindu marriage is a sacred and holy union of husband and wife by virtue of which the wife is completely transplanted in the household of her husband and takes a new birth - It is a combination of bone to bone and flesh to flesh - To a Hindu wife her husband is her God and her life becomes one of the selfless service and profound dedication to her husband - She not only shares the life and love, but the joys and sorrows, the troubles and tribulation of her husband and becomes an integral part of her husband's life and activities.

The Hindu Marriage Act, 1955  - Section 13 (1) , Section 13-B , The Code of Civil Procedure, 1908  - Section 25

Divorce - Free Consent - Matrimonial dispute - Transfer of case - Settlement -Divorce by mutual consent -In mediation Centre Petitioner-wife agreed for divorce by mutual consent on the condition that the respondent- husband will pay her Rs.12,50,000/- as full and final settlement - Petitioner-wife is suffering from such a disease which has compelled her to agree for the mutual consent divorce - The fact that petitioner-wife is ready for the mutual consent divorce after knowing about her medical condition raises a suspicion in mind of the Court as to whether the consent obtained from the petitioner-wife is free as required by law for granting the decree of divorce by mutual consent - Held that by settlement agreement the respondent-husband is promising to do something which he is already duty bound, is not a valid consideration for the settlement -Transfer petition for the transfer of matrimonial suit pending before the Family Court at Bombay, Maharashtra to Family Court at Hyderabad allowed - Respondent-husband directed pay a sum of Rs.Five Lacs (Rs.5,00,000/- ) out of Rs.12,50,000/- to the petitioner-wife immediately within a week for her treatment and meeting other medical expenses - After the petitioner is fully cured from the disease or within six months whichever is earlier, the Family Court at Hyderabad, where the divorce petition is ordered to be transferred, shall take up the case along with a fresh application that may be filed by the parties under Section 13B for divorce by mutual consent.

Topic(s)-Divorce - Free Consent - Directions issued