Hindu Marriage Act, 1955, Section 13(1)(ib), 13B -- Divorce - Desertion - Respondent/wife left appellant/husband's house without any justification and refused to resume cohabitation - Order granting judicial separation instead of divorce by Family Court despite noticing admission by respondent that she had been living separately from her husband since 2005 and her..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - At the second motion wife made statement that she does not want divorce by mutual consent and thus resiled from her earlier statement of divorce by mutual consent - Held, in absence of fulfilment of requirement of statement at the second motion, no decree for divorce by mutual consent can be passed -..........
Hindu Marriage Act, 1955, Section 13B, Family Courts Act, 1984, Section 19 - - Divorce by mutual consent - Order of Family Court declining to grant decree of divorce by mutual consent - Held, an appeal against order of family court is maintainable as the order falls under the provision of S.19 of F.C Act...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Sought during pendency of appeal filed against dismissal of petition for divorce - Waiting period of six months waived - Divorce by mutual consent granted as there is no possibility of reconciliation between the parties and decision is not influenced by any external factors including coercion intimidation..........
Hindu Marriage Act, 1955, Section 13B, Article 142 -- Constitution of India, - Power under Article 142 can be exercised in a petition u/s 13-B Hindu Marriage Act, 1955, only in appropriate cases and not as a routine...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiting period of six months - Waiving - Original petition filed u/s 12 of he Act - Later converted into a petition u/s 13-B of the Act - Parties living separately ever since marriage - Prayer for considering the entire period as waiting period - Accepted for doing complete justice...........
Hindu Marriage Act, 1955, Section 13B, 14 -..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Husband having connection with another woman and has children in that illegal relationship - Cannot lead to conclusion that there is collusion between parties - And that wife does not want to remarry and husband not paying any maintenance to wife not constitute valid reasons to dismiss petition filed u/s..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Application under - Court must see over all situation and facts and circumstances of case, request made by parties, their desire to dissolve marriage, their miseries in continuing marital relationship, welfare of parties and their future plans in life - Court should not approach matter with suspicion and..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent between parties voluntarily made by them before Court in the form of petition u/s 13B of the Act cannot be said to be collusive only on ground that both parties agreed to dissolve marriage...........
