AIR 2015 BOMBAY 46

Bombay High Court

Hon'ble Judge(s): Revati Mohite Dere , J

Civil P.C. (5 of 1908) , O.12 R.6— Special Marriage Act (43 of 1954) , S.27— Divorce - On basis of admissions made by respondent - Wife filing divorce petition on ground of cruelty and desertion - Husband admitting that he was willing to divorce his wife under the personal law - Grounds on which divorce was sought were not admitted by husband - Admissions of husband would not constitute admission as contemplated under O. 12, R. 6 of Civil P.C. - Wife not entitled to divorce on admission. A perusal of Order 12, Rule 6 of the Code of Civil Procedure shows that only where the admissions of fact have been made either in any pleading or otherwise, whether orally or in writing, the Court may at any stage, either on an application of any party or of its own motion, make any divorce, only on the basis of few admissions made by the respondent. The petitioner has filed divorce proceedings in the Family Court. In the said divorce proceedings, the petitioner has made allegations of cruelty and desertion as against the respondent, on the basis of which the divorce has been sought. The petitioner is claiming divorce only on the admission of the respondent that he was willing to give divorce to the petitioner. It is pertinent to note, that the grounds on which divorce is sought, have not been admitted by the respondent and there is no admission of the said facts. What cann....