Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties resolving dispute during pendency of Transfer petition filed by wife seeking transfer of divorce petition filed by husband - Husband agreed to pay Rs.12.50 lacs as alimony, maintenance for past and future or any other claim of wife - Wife suffering from breast cancer and in need of money for her..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Refusal to make statement at second motion - Adverse inference or an inference of consent cannot be drawn against a party who refuses to make a statement at the second motion...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Refracting from consent at the second motion - Restitution of amount received - Held, a party receiving an amount for mutually agreeing to bring marriage to an end is liable to restitute the amount so received in case that party refracts from mutual consent - A duty is cast upon Court, seized of such a..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Husband has to leave India for his job purpose and once he goes, it would not be possible for him to return back in a year or two and thus wife will not only suffer mental agony but would also be not able to remarry - Wife received final compensation of Rs.15 lakhs..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Appeal against decree - Decree of divorce by mutual consent is entirely different from a consent decree passed by a Civil Court in non matrimonial matters - When there is violation of formalities and requirement prescribed u/s 13-B of the Act or there is allegation of fraud, undue influence, coercion,..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of waiting period of six months - Only Supreme Court has power to waive statutory period of six months - Neither High Court nor Civil Court can pass orders before prescribed period...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Undue hardship - Neither civil Courts nor High Court has jurisdiction to waive statutory period of 6 months as required u/s 13-B(2) of Act - Moreover, petitioners does not spell out any undue hardship that would cause by passage of six months in their application..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Irretrievable breakdown of marriage - Parties settled the matter and filed a joint application incorporating the terms of settlement - In the facts of the case, Supreme Court by exercising jurisdiction under Article 142 of the Constitution dissolved the marriage between the parties so as to enable the..........
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 - Divorce petition by husband - Dismissed by trial Court - Appeal dismissed by High Court - Appeal filed in Supreme Court - Parties referred to Mediation Centre - Parties living separately for the last 15 years due to their strained relations - In exercise of power u/s 142 of Constitution, marriage between..........
