Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties living separately since November, 2019 - Conciliation efforts made by family members failed twice - Parties directed to move a joint application before Family Court within a period of three weeks and if such application is filed, Family Court directed to pass appropriate orders most expeditiously..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of 6 months statutory period - Marriage between parties has irretrievably broken - Parties decided to part their ways amicably - Opportunity to live their lives in the manner they like, including remarriage, cannot be denied - Statutory period of 6 months waived...........
Hindu Marriage Act, 1955, Section 13B, 13 -- Conversion of petition u/s 13 of the Act to S.13-B of the Act - Parties have amicably settled the dispute - Petition filed by husband u/s 13 of the Act thus, converted to S.13-B of the Act - Marriage between parties dissolved by decree of divorce by mutual consent...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of 6 months statutory period - Parties after getting married in 2015 residing separately since 2016 and despite efforts no reunion could take place - No issue was born out of wedlock - There is no possibility of parties resuming cohabitation and there are chances of alternative resettlement -..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent can be withdrawn at any point of time by any of parties...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Wife unilaterally withdrew consent when matter came for second motion after expiry of cooling period of 6 months - Petition for divorce by mutual consent, rejected...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of statutory period of 6 months - Marriage between parties has irretrievable broken and they have decided to part their ways, so that they both have opportunity to live their lives in the manner they like and in the given situation, insistence of Court below to wait to another 6 months would..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of 6 months statutory period - Husband has to go to abroad - Application for waiver of 6 months statutory period filed jointly by parties - Parties are living separately since 2017 - More so, parties have already agreed regarding right of maintenance of minor children - Possession of house also..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of 6 months statutory period - Parties stayed together for mere two days after their marriage and have been living apart since Oct 2018 - Lapse of two years since their separation clearly shows that there is no possibility of re-conciliation at this stage - Wife is keen on getting remarried..........
Hindu Marriage Act, 1955, Section 13B(1) -- Divorce by mutual consent - Wife living in Canada - Wife can file petition through her father her Power of attorney holder - For satisfying genuineness of petition, Court can resort to video conferencing and both the parties can appear apart from the Power of Attorney holder of wife...........
