Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of waiting period of six months - Parties living separately since 1996 i.e. for 17 years - Comfort of marriage has become a mirage and it exists only in form - Possibility of reconciliation non existent - Waiting period of six months waived - Divorce by mutual consent granted...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Decree of divorce based on ground of cruelty converted to a decree of divorce based on mutual consent - In such a situation six months waiting period, as stipulated u/s 13-B(2) waived...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of statutory period of 6 months - Petition of husband for divorce pending for more than two years - Petition allowed to be withdrawn with liberty to parties to file petition for divorce by mutual consent before Family Court - Both the proceedings between same parties have to be taken in..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Parties, though acted under impression that their marriage was dissolved by virtue of Deed of Divorce executed between them and remarried after execution of said Deed, but legally the marriage between both the parties still subsists as marriage can be dissolved only by recourse to the..........
Hindu Marriage Act, 1955, Section 13B(2), Civil Procedure Code, 1908, Section 151 -- Divorce by mutual consent - Waiver of statutory period of six months - Permissibility - Statutory period of six months u/s.13-B(2) of HM Act has been provided with specific intent that possibility of last minute reconciliation can be worked out - In case of irretrievably broken marriage..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties neither pleaded nor argued before Family Court that their marriage was legally dissolved as per custom and usage prevailing in their caste and community - On the contrary they specifically pleaded their ignorance about procedure recognized under law for dissolution of marriage - Customary divorce..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Living separately - Meaning - Period of one year has to be counted from the time when husband and wife have no desire to perform marital obligations and with that attitude they have been living separately...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Living separately for a period of one year or more - Parties stopped living together in August, 2012 but physical separation took place in June, 2013 - Living separately for one year begins to run in August, 2012 when there was no desire to perform marital obligation - Petition filed in September, 2013 is..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Brother, attorney of petitioner, can make statement at the second motion - Trial Court cannot compel the personal presence of petitioner - Trial Court can refuse to record the statement of attorney if he is not duly constituted attorney and if Court comes to conclusion that averments contained in joint..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of consent - Duty of Court - Held, it is not for Court to probe into bona fides or reasonableness of withdrawal of consent - Once consent is withdrawn then only option available to Court is to close the matter at that stage...........
