Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Marital discord - Parties living separately since 2011 - 23 civil and criminal cases pending in between the parties - Parties finally resolved their entire dispute - All civil and criminal litigation in between parties put to an end - Waiting period of six months waived - Marriage dissolved by passing..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 11 -- Divorce by mutual consent - Withdrawal of consent by wife at the second motion - Restitution of amount of 12 lakhs received by wife - Order as to refund, upheld but same will be subject to terms, as directed by Court, which will be beneficial for the husband, the minor child and wife...........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151 -- Divorce by mutual consent - Recall of order as same alleged to be vitiated by fraud and misrepresentation - Fraud vitiates all proceedings - When fraud is played on Court, appropriate remedy is to approach the same Court to apprise the Court the manner in which fraud has been played -..........
Hindu Marriage Act, 1955, Section 13B -- Parties arrived at settlement during pendency of transfer of divorce petition filed by husband - Amount of Rs.12 lakhs paid to wife - FIR lodged by wife u/ss 498-A, 406, 506(2) read with S.34 IPC quashed - Marriage between parties dissolved by consent...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Divorce petition pending in between the parties - Settlement arrived at between the parties - Terms of settlement shall be treated as an undertaking to Court - Parties to file petition for divorce by mutual consent in the pending divorce petition alongwith application for waiver of six months statutory..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent has to subsist from day one of filing of joint petition by the parties till the decree of divorce is passed by Court...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Unilateral withdrawal of consent by wife at the stage of second motion - Consent has to subsist from day one of filing joint application till decree of divorce is passed - Rejection of joint petition for divorce by mutual consent, upheld...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition for divorce must be presented jointly by parties and there are three basic requirements to be fulfilled by parties i.e : (i) they are living separately for a period of one year or more; (ii) they have not been able to live together and; (iii) they have mutually agreed that marriage should be..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entered into an agreement/MOU for dissolution of their marriage with consent - Pursuant thereto petition for divorce by mutual consent filed - After waiting period of six months wife did not appear - Petition dismissed - Appeal against - Divorce by mutual consent granted by holding that (a)..........
Hindu Marriage Act, 1955, Section 13B -- Setting aside decree of divorce by mutual consent - One of the requirements that parties are residing separately for at least a period of one year preceding the institution of petition - In the instant case it stands established that at the time of first motion parties were not living separately for one year - At the time of second..........
