Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entering into settlement in proceedings which reached before Supreme Court - Parties living separately since 2012 - Civil and Criminal Cases pending against each other - Supreme Court quashed all proceedings pending between parties in view of settlement and parties given liberty to file joint..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Since at the first motion both the parties are supposed to join together in presenting petition u/s 13-B of Act, then second motion should also be moved by parties jointly - It implies that even during second motion mutual consent shall subsist - Mutual consent shall be expressed by both the parties..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiving of 6 months period - Family Court has no power to waive period of six months prescribed in S.13B(2) of Act and allow the parties to make the motion before expiry of said period...........
Hindu Marriage Act, 1955, Section 13(1), 13B -- Divorce - Petition u/s 13(1) of Act cannot be converted to be one u/s 13-B of Act - A new petition u/s 13-B of Act is required to be filed before District Court...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - An application for divorce by mutual consent u/s 13B of Act being an original application could only be filed before District Court...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Supreme Court Mediation Center - Parties agreed to withdraw all cases against each other and to file a joint petition for getting divorce by mutual consent u/s.13-B of Act - Undertakings given by parties in settlement accepted - Parties directed to abide by terms of settlement...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of statuary period - Neither Civil court nor High court has power to condone or waive the period stipulated either u/s 13-B(1) or u/s 13-B(2) of the Act - However, Supreme Court in exercise of its extraordinary powers under Art.142 of Constitution can grant relief to parties without even waiting..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - At the first motion wife received Rs.6.25 lacs on the representation that she agrees to give divorce - At the second motion wife refused to give divorce - Amount received has to be restored - Amount received cannot be retained on the ground that the same was received towards `Streedhana' - In case wife..........
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...........
