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Supreme Court Of India

(From : AIR 2008 Bombay 173)

Hon'ble Judge(s): K. G. Balakrishnan, P. Sathasivam, A. K. Ganguly , JJJ

(A) Family Courts Act (66 of 1984) , S.9— Civil P.C. (5 of 1908) , O.5 R.20— Hindu Marriage Act (25 of 1955) , S.13B— Divorce by mutual consent - Petition for - Husband absent on first date of hearing - Summons issued - Not properly served - Court though not satisfied that husband was evading service directing substituted service of summons - Procedure adopted by Court is irregular. (Para 13) (B) Hindu Marriage Act (25 of 1955) , S.13B— Family Courts Act (66 of 1984) , S.9— Divorce by mutual consent - Petition for - Husband absent on date of hearing - Court adjourning hearing to next date - Date, however, preponed on ex-parte prayer made by wife and ex-parte decree passed - Decree liable to be set aside - Court by preponing hearing and passing decree in absence of husband had failed to discharge its statutory obligation of hearing parties. (Para 15 20) (C) Hindu Marriage Act (25 of 1955) , S.13B— Divorce by mutual consent - Continuance of consent till date decree is passed - Is sine qua non - Husband remaining absent on 2-3 dates of hearing - Continued consent of husband - Cannot be presumed from such absence - Divorce decree passed by presuming consent - Liab....