Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise - First motion statement on behalf of husband has already been recorded and recording of second motion statement is rejected by trial Court without recording any reason as it was to be recorded by Special Power of Attorney of husband - Wife has no objection in case statement of Special Power of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Instances of cruelty being of personal knowledge cannot be proved by attorney who has no personal knowledge about the alleged instances - Attorney cannot be allowed to appear and depose as witness on behalf of principal victim in the matters involving personal knowledge, as he can appear only as a witness..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Wife represented through power of attorney holder - Allegations were based on personal knowledge of wife - Information never transferred to attorney - Testimony of attorney could not stand to the test of cross-examination - Attorney was totally ignorant in material particulars of case - No..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Application filed by wife after 13 years of passing of decree - Wife contended that she never received summons from Court nor she engaged counsel - However, wife never denied her signatures on the power of attorney filed by counsel - It is only..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Wife residing abroad, represented through special power of Attorney, her mother - Wife filed affidavit confirming contents of petition - No suspicious circumstances in affidavit - Personal attendance not required - Divorce granted...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Brother, attorney of petitioner, can make statement at the second motion - Trial Court cannot compel the personal presence of petitioner - Trial Court can refuse to record the statement of attorney if he is not duly constituted attorney and if Court comes to conclusion that averments contained in joint..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Presence of party - When necessary? - Petitioner expressed his inability to be personally present as he is living in UK - No objection from respondent's side for grant of divorce - Held, unless there are suspicious circumstances or any reason to think that averments contained in the affidavit filed by the..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 3, Civil Procedure Code, 1908, Order 19, Rule 1 -- Petition for divorce by mutual consent - Trial court after recording statements on the first motion fixed a date after six months - On expiry of period of six months, husband did not appear in person as he had gone abroad for studies - His father..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Divorce can be granted when joint petition is signed by wife and signed by constituted attorney of husband his father and statement at the initial stage of wife and constituted attorney of husband his father is recorded and when similar is the position on the date when the petition was fixed for second..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition has to be presented by parties to marriage and not through power of attorney holder...........
