Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of consent by wife just before four days of passing of decree - Decree of divorce set aside...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Refusal to accept application by Naib Nazir of Family Court - Maintainability of an application cannot be decided by Naib Nazir for whatever be the reasons - Naib Nazir clearly exceeded his jurisdiction to refuse to accept the application filed by petitioners - Endorsement made by Naib Nazar directed to..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Directions issued viz. (a) Court not to insist physical presence of spouses at the time of presenting the petition at the first instance and future hearings ; (b) Petition can be filed by parties or through Power of Attorney holder provided Power of Attorney is registered one or properly adjudicated; (c)..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties after marriage migrated to USA - Appearance of parties through video conferencing - Insistence by Family Court that petitioner and respondent to appear from Indian Embassy and in presence of Embassy officials - Not proper - Fact that parties have separated and that there is no chance for reunion..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce by mutual consent - Impleadment of a stranger - A stranger to a matrimonial discord can never resist its resolution through dissolution on mutual consent...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Inconvenience of the parties to appear before Court cannot be a ground to waive off the cooling period - Basic purpose of making a provision for cooling period is to think over the decision of getting separated...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Following conditions are to be satisfied: (i) All efforts of mediation and conciliation including efforts in terms of O.32-A.R.3 CPC, S.23(2) CPC and S.9 of Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Can only be granted if parties have been living separately for a period of one year or more, are not able to live together and mutually agreed to dissolve the marriage...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Submission of second motion u/s 13-B(2) of the Act is a condition precedent for passing a decree of divorce...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Death of husband before submission of second motion - Moving of second motion u/s 13-B(2) of the Act is a sine qua non for passing a decree of divorce by mutual consent - Cause of action would not survive to mother and brothers of deceased, as right to seek divorce was a personal right of deceased -..........
