Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving waiting period of six months - Waiting period of six months can only be waived by Supreme Court exercising power under Article 142 of the Constitution which no other Court can exercise such power...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition filed during pendency of petition for divorce - Such a procedure amounts to abuse of process of Court - A litigant cannot pursue two parallel remedies in respect of the same matter at the same time...........
Hindu Marriage Act, 1955, Section 13B, 13, 10 -- Divorce petition by husband - However Court passed decree u/s 10 of the Act for judicial separation - Wife filed appeal - During pendency of appeal parties compromised whereby prayer for a decree of divorce by mutual consent was made - Not possible for the parties to live together - To secure the ends of justice for the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mutual consent should continue till the divorce decree is passed - The other requirements of provision of S.13-B(1) of Hindu Marriage Act are (i) parties are living separately for a period of one year; (ii) parties are not able to live together and (iii) parties have mutually agreed that marriage should..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mutual consent should continue till the passing of the decree - Decree passed when only one of the parties appeared after expiry of statutory period of six months - Not a case where the settlement between the parties has been given effect to before filing of petition for divorce by mutual consent in other..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of waiting period of six months - Petition supported by affidavits of both parties - Decree u/s 9 of the Act not complied with - Decree of divorce granted by waiving waiting period of six months...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - It is open to one of the spouses to withdraw the consent given to the petition at any time before the Court passes a decree for divorce...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - During pendency of appeal against grant of decree of divorce on ground of cruelty parties praying for dissolution of marriage by mutual consent - Divorce by mutual consent can be granted by appellate court...........
Hindu Marriage Act, 1955, Section 13B, 20 -- Divorce by mutual consent - Provision of S.20 of the Act as to no collusion between the parties is not applicable to a petition filed u/s 13-B of the Act - Provision of S.13-B of the At permits that joint petition can be filed by mutual consent...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties living separately for several years - Parties not able to live together - No chance of reconciliation between the parties - Parties agreed to dissolve their marriage by mutual consent without any coercion, undue influence or collusion - Agreement to dissolve marriage by mutual consent was entered..........
