The divorce of man and woman who lived well for one year well emphasized the High Court in Allahabad in the judgment

The divorce of husband and wife, who has been living separately for a year, has emphasized the High Court in Allahabad on this case that was last updated: April 27, 2025, 00:01 IST Allahabad High Court News: This High Court decision is important for the couples who want to separate and stay away with mutual consent. The court made clear that the separation in such cases … Read more, the Allahabad High Court has made an important decision on divorce. The Supreme Court has approved a divorce to the couple who have been separate for a year. The court insisted not to ignore the pre -separation period. Is judged to hand over the supervision of the children to the mother. PRAYAGRAJ: In an important decision, the Allahabad High Court allowed the man and woman who had been separate for more than a year. The court said that if the husband and wife live a year or more separately and both agreed to separate with mutual consent, the court could not ignore the pre-divorce period. The Supreme Court has ordered the divorce decision to be released so that the marriage can be dissolved with this remark. The case is related to the Sambhal resident of Menakshi Gupta and Kailashchandra, who got married in 2004. They also had three children after marriage. But some time after marriage, the differences between the two began, which began to live separately from January 12, 2022. On August 1, 2023, KailashChandra decided to separate with mutual consent and filed a divorce request in the family court. However, the Family Court rejected their divorce request on the basis that the date of divorce is with mutual consent August 2, 2023, which will be considered from the next day of submission of the petition. The family court said the separation of one year or more is necessary before submitting a petition in terms of section 13-B (1) of the Hindu marriage law, which was not considered complete in the case. This order of the Family Court was disputed by Menakshi Gupta in the Allahabad High Court. The Divisional Bank of Supreme Court Judge Arindam Sinha and Justice Avnish Saxena heard the case. The court called both sides and received their opinion in person. In the Supreme Court, both spouses expressed a clear desire to end the marriage. During this time, his children also expressed their opinion that they wanted to live with their mother, after which the court handed over the children to the mother. At the trial of the case, the Supreme Court found that the two parties lived separately from more than one year before the submission of a divorce request, ie from January 12, 2022 to August 1, 2023. In addition, the court also found that there was no physical relationship between them since 2013, reflecting the long -term separation. The court also addressed the fact that the cooling of six months prescribed in the Divorce Act was also completed by mutual consent. With the keeping of all these facts and circumstances in mind, the Supreme Court revoked the order of the family court and ordered the release of divorce decision, through which marriage can be dissolved. Location: Allahabad, Allahabad, Uttar Pradesh First published: April 27, 2025, 00:01 ist Homeuttar-Pradesh acceptance