Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Settlement arrived at between parties - In terms of settlement decree of divorce by mutual consent granted in exercise of power u/art 142 of Constitution - Both the parties shall comply with their respective obligations in terms of settlement...........
Custody of child -- Claimed by wife - Writ of Habeas corpus - Mother having custody of child under terms of an agreement which relates to passing of decree of divorce by mutual consent and visitation rights were given to father - However, child expressed willingness to stay with father and that he is not inclined to stay with mother in the house as one `A' resides, who..........
Civil Procedure Code, 1908, Order 23, Rule 3A, Constitution of India, 1950, Article 226 -- Compromise decree - Writ petition - Maintainability - Only remedy available to a party to a consent decree or any person not a party to a suit or appeal, to avoid such consent decree, is to approach the same Court which recorded the compromise and made a decree in terms of it and..........
Hindu Marriage Act, 1955, Section 13B, 28 -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent is maintainable...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise after grant of decree of divorce by mutual consent - Parties realized their mistake in parting ways and have against come together - Such a step shall be beneficial for both the parties as well as their child - Decree set aside...........
Family Settlement -- If a dispute is settled between members of family, there can be family settlement or arrangement to resolve it - Existence of dispute is foremost condition to validify such a settlement - In the absence of dispute, neither there is a family settlement, nor there can be any consent decree suffered...........
Family settlement -- Consent decree or judgment on admission - Limitation to challenge decree - Decree passed on the basis of admission of oral family settlement in written statement and recording of statement of defendant on that basis - It is a judgment on admission and not a consent/compromise decree - Limitation to challenge decree starts to run from the date of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Matrimonial dispute - Dispute between parties settled by obtaining decree of divorce by mutual consent - Criminal proceedings and order taking cognizance, quashed...........
Agreement to sell -- Specific performance - Agreement to sell agricultural land to a non agriculturist in H.P. - Essential condition of agreement was to get requisite permission of State Govt. - Purchaser failed to get requisite permission of State Govt. and he assigned his rights to plaintiff who in turn filed suit for specific performance - Assignment not valid as there..........
Special Marriage Act, 1954, Section 28(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties have genuinely settled their disputes in mediation - They have consented for a decree of divorce by mutual consent - Since 2016 parties are living separately and cooling period of six months will only prolong their agony - Statutory period of six months..........