Order Declining Execution of Consensual Divorce Decree over Property Dispute Quashed as ‘Erroneous’: Gujarat High Court
The Gujarat High Court has quashed an order passed by a Family Court which had refused to execute a decree of divorce by mutual consent. The High Court clearly held that when a husband and wife voluntarily enter into a compromise decree with agreed conditions and consciously choose not to seek adjudication of their rights, the Family Court has no discretion to refuse execution of such decree. The decision was…
