Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiving of waiting period of six months - Application filed jointly by both the parties - Marriage irretrievably broken down - No chance that they would now reconciliate - Trial Court to waive off the statutory period of six months - After parties comply with the condition with regard to payment and..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition filed by respective attorneys of parties - Parties directed to be present in person at the time of second motion - Statement through power of attorney is permissible when there is genuine representation of parties through close relations such as parents or siblings where the parties are unable to..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of statutory period of 6 months - Cannot be made where application for dissolution of marriage was presented before expiry of one year from the date of separation of parties...........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Leave of Court to file petition before expiry of period of one year since the date of marriage - Parties not lived together and marriage not consummated - Insisting the parties to wait for one year as required u/s 14(1) of the Act will cause exceptional hardship to the parties - Application allowed -..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Wife withdrew her consent before the stage of second motion - Withdrawal of consent was after a period of 18 months of filing of petition on the ground that consent was given under duress and was without her free will - Wife stated that she never wanted divorce and is even now willing to live with husband..........
Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent - Plea of fraud - If fraud is played on a party then a separate suit has to be filed but if fraud has been played on Court, then review petition is maintainable...........
Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent - Plea of fraud taken by wife - Appeal - Maintainability - Wife contended that decree of divorce by mutual consent obtained by husband by playing fraud - It will be a question of law and fact to determine whether mutual decree of divorce had been obtained by playing fraud on Court - Wife is..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Extension of 18 months statutory period - No straight jacket formula can be said down in every case of expiry of period of 18 months - Circumstances of each particular case to be taken into consideration - If both the parties do not withdraw their consent and there are reasonable grounds for deferring the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Extension of 18 months statutory period - Parties not withdrawn their consent recorded at first motion - However, second motion statement could not be recorded on account of paucity of money with husband - Period of 18 months as prescribed u/s 13-B(2) of the Act extended...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Both husband and wife lived together only for 5 days - Marriage between parties not consummated, as husband has no inclination towards wife - However, on date of application, period of 1 year 6 months not completed from date on which parties are living separately - Condition as mentioned in Amardeep Singh..........
