SACHIN DHONDIRAM CHAVAN vs TRUPTI SACHIN CHAVAN

Judgment text excerpt

911-WP-3747-2025(1).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3747 OF 2025 Sachin Dhondiram Chavan …Petitioner Versus Trupti Sachin Chavan …Respondent _______________________________________________________________ Mr. Shyamrishi Pathak, Mr. Satyavijay Yadav, Ms. Gayatri Pinkyar, for the Petitioner. Mr. Abhijit Adagule a/w Ms. Ketaki Patil, for the Respondent. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J. DATED: 26 MARCH 2025 JUDGMENT: 1. Heard Mr. Pathak, learned Counsel appearing for the Petitioner and Mr. Adagule, learned Counsel appearing for the Respondent. 2. By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the legality and validity of the Order dated 7th December 2024 passed by the learned Judge, Family Court, Kolhapur below Exhibit-12 in Petition No. A-205 of 2024. By the impugned order the learned Judge, Family Court, Kolhapur has rejected the Application filed by the Petitioner-husband seeking withdrawal of the consent given for passing the decree by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 (“H.M.A.”). 3. It is the submission of Mr. Pathak, learned Counsel appearing for the Petitioner that the consent terms were executed as the relatives of the Respondent have brought pressure on the Petitioner. He submits Vaibhav Page No. 1 911-WP-3747-2025(1).doc that the Petitioner’s wish is to save the marriage. 4. On the other hand, it is the submission of Mr. Adagule, learned Counsel appearing for the Respondent that in this case initially the Petition before the Family Court has not been filed under Section 13-B of the H.M.A. and the same has been filed seeking divorce on the ground of cruelty by t