Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Application for divorce by mutual consent remains dormant for a period of 6 months from the date of notice - If both parties remain consensual regarding divorce they move the Court under sub-sec.(2) - Parties cannot do so later than 18 months after the presentation of the petition...........
Hindu Marriage Act, 1955, Section 13B, 23 -- Divorce by mutual consent - At the time of second motion, Court embarks on an enquiry to be satisfied about the particulars, viz. (a) Was the marriage solemnized between the parties; (b) Were the parties living separately for more than one year before the presentation of the petition; (c) Were they not able to live together at..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties resolving dispute during pendency of Transfer petition filed by wife seeking transfer of divorce petition filed by husband - Husband agreed to pay Rs.12.50 lacs as alimony, maintenance for past and future or any other claim of wife - Wife suffering from breast cancer and in need of money for her..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Refusal to make statement at second motion - Adverse inference or an inference of consent cannot be drawn against a party who refuses to make a statement at the second motion...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Refracting from consent at the second motion - Restitution of amount received - Held, a party receiving an amount for mutually agreeing to bring marriage to an end is liable to restitute the amount so received in case that party refracts from mutual consent - A duty is cast upon Court, seized of such a..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Husband has to leave India for his job purpose and once he goes, it would not be possible for him to return back in a year or two and thus wife will not only suffer mental agony but would also be not able to remarry - Wife received final compensation of Rs.15 lakhs..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Appeal against decree - Decree of divorce by mutual consent is entirely different from a consent decree passed by a Civil Court in non matrimonial matters - When there is violation of formalities and requirement prescribed u/s 13-B of the Act or there is allegation of fraud, undue influence, coercion,..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of waiting period of six months - Only Supreme Court has power to waive statutory period of six months - Neither High Court nor Civil Court can pass orders before prescribed period...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Undue hardship - Neither civil Courts nor High Court has jurisdiction to waive statutory period of 6 months as required u/s 13-B(2) of Act - Moreover, petitioners does not spell out any undue hardship that would cause by passage of six months in their application..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Irretrievable breakdown of marriage - Parties settled the matter and filed a joint application incorporating the terms of settlement - In the facts of the case, Supreme Court by exercising jurisdiction under Article 142 of the Constitution dissolved the marriage between the parties so as to enable the..........
