No divorce without the permission of court, even if it is a case of mutual consent: Delhi High Court

The Delhi High Court said in one of its important judgement that even if there is a mutual agreement between the Hindu couple regarding divorce, they cannot take divorce without the permission of the court.

The High Court refused to grant an extra-judicial divorce by mutual consent on stamp paper by a Hindu couple.

A bench of Justices Sajiv Sachdeva and Rajneesh Bhatnagar said that the couple was married as per Hindu rituals, hence the divorce decree on Rs 100 stamp paper cannot be accepted outside the court.

The order was given by the High Court during the hearing in the alimony case when it was told by the husband’s lawyer that they had taken divorce on a stamp paper outside the court. After which the High Court refused to interfere in the decision of the Family Court and asked to pay Rs 7,000 per month to the wife as per the order of the Family Court.

In May this year, the family court had ordered the husband to pay alimony of Rs 7,000 per month to the separated wife, but the husband filed a petition in the High Court saying that he earns only Rs 15,000. On the other hand, the wife said that her husband is a businessman and he earns lakhs of rupees a month, in such a situation, he should be given alimony of Rs.50,000.