Showing : 131-140 of 326 Results

RAJASTHAN HIGH COURT
Year of decision: 2014
Details
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statutory period of 6 months - Petition of husband for divorce pending for more than two years - Petition allowed to be withdrawn with liberty to parties to file petition for divorce by mutual consent before Family Court - Both the proceedings between same..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
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..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
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 and if..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
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..........
DELHI HIGH COURT
Year of decision: 2013
Details
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...........
DELHI HIGH COURT
Year of decision: 2013
Details
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 -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
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..........
KERALA HIGH COURT
Year of decision: 2013
Details
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...........
KERALA HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Withdrawal of consent - Held, at the stage when enquiry is to be held u/s.13B(2) a free consent of both parties is required - If consent is withdrawn by either of them then Court will have no jurisdiction to entertain petition or pass decree of divorce on mutual..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950- - Divorce by mutual consent - Parties arrived at settlement during pendency of SLP from the order of maintenance - Memorandum of settlement accepted as it is in the interest of parties and their children - Since parties have also agreed for annulment of marriage, decree of divorce granted u/s.13-B..........

Showing : 131-140 of 326 Results