Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiving of six months waiting period - Parties filed affidavit of living separately since July, 2018 - Their application cannot be rejected on the ground that it is not supported by any documentary evidence - Impugned order set aside - Waiting period of six months waived...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Settlement arrived at between parties for dissolution of marriage by a decree of divorce by mutual consent - On perusal of its terms the same found to be lawful and there is no reason as to why the same cannot be accepted - Parties living separately and there is no possibility of reconciling the dispute..........
Hindu Marriage Act, 1955, Section 13B, 23, Civil Procedure Code, 1908, Section 96 -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent is maintainable...........
Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent - Appeal thereagainst - Parties are living together along with children - Decree of divorce by mutual consent set aside...........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Living in separation for one year - Condition of living separately for one year is mandatory and not directory - It is a must to the filing of petition u/s 13-B of the Act - Waiver of this period is not permissible u/s 14 of the Act - Provision of S.14 Proviso cannot be read into the provision of..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties are living separately for the last 10 years - Compromise arrived at between parties and they have decided to take divorce by mutual consent - Marriage between parties is irrevocably broken down - There is no possibility of reconciliation between them - Mandate of statutory period of 6 months as..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Unilateral withdrawal of consent by wife - Petition filed on representation of wife that she is agreeable to divorce by mutual consent - Amount of Rs.6,50,000 was deposited by husband and wife has withdrawn the same - Wife is thus, estopped from withdrawing her consent - Decree of divorce by mutual..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Both the parties categorically stated that they could not live together and have withdrawn from society of each other due to temperamental and other differences and are living separately since 2020 - They settled all disputes regarding maintenance, Stridhan and..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Presence of mother of petitioner No.1 at the time of recording second motion - Not required - No such compulsion can be made by Court - Though first motion was recorded in the presence of mother of petitioner No.1 but the same was not required...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties are sufficiently educated and are aware of their rights - They have mutually decided to end their matrimony finding no hope/chance of reconciliation - Statutory period of six months specified u/s 13-B(2) of the Act waived...........
