Karnataka High Court: The single Judge Bench of Krishna S. Dixit, J.*, tackled a scenario wherein the Family Court had denied the claim of an estranged couple for dissolution of their marriage on basis of mutual consent, on the ground that the spouses are residing under the same roof.
The Court quashed the impugned order and remitted the matter back to the Family Court, stating that it was bewildered that the Family Court applied such a flawed rationale.
The Court agreed with the contention raised by the petitioners who argued that in matters of dissolution of marriage, considerations regarding spouses living together is only made for the purposes of territorial jurisdiction. The Court stated that despite being at loggerheads and involved in dissolution proceedings, the fact that the spouses are living together, shows their good culture.
The Court held that the rationale used by the Family Court in its impugned order denying relief to the parties, constitutes “an error of great magnitude apparent on the face of the record”.
[Divya Ganesh Nallur v. Nil, 2023 SCC OnLine Kar 28, decided on 08-06-2023]
*Order delivered by Justice Krishna S. Dixit
Advocates who appeared in this case :
Petitioners- Vivekananda HS, Adv.