Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband and wife are Hindu by religion - Wife since 2007 not putting on `Bindi' and `Mangalsutra', which are honorous symbol of matrimonial relationship, depict affinity and closeness of wife towards her husband, which shows that she herself has voluntarily discarded relationship of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - There is specific statement made by wife in other co-lateral proceedings that no amount of persuasion would persuade her to join matrimony, which shows that there is no possibility of conciliation - Moreover, all efforts made by Mahila Helpline, Family Court and High Court for..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere words spoken by wife during first night or subsequently that her marriage was fixed contrary to her wishes, would not amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife herself admitted that she had no intention to resume marital cord with husband after she left marital home in 2002 - Neither wife attempted to return to her marital home nor requested husband or his parents to take her back - Even no efforts were made by wife for moving an..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiting period of six months - Period mentioned in S.13-B(2) is directory and not mandatory - It is open to Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Court can waive waiting period of six months, after considering : (i) statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year u/s 13B(1) of separation of parties is already over before the first motion itself; (ii) all efforts for..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiting period of six months - Mandatory or directory - In determining the question whether provision is mandatory or directory, language alone is not always decisive - Court has to have regard to the context, subject matter and object of the provision...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months waiting period - Court while conducting proceedings u/s 13-B(2) of the Act, can use the medium of video conferencing and also permit genuine representation of parties through close relations such as parents or siblings where parties are unable to appear in person for any just and..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Cooling off period - Object is to safeguard against a hurried decision if there was otherwise possibility of differences being reconciled - Said object is not to perpetuate a purposeless marriage or to prolong the agony of parties when there are no chance of reconciliation - Though every effort is to..........
Hindu Marriage Act, 1955, Section 27 -- Return of Streedhan - Independent proceeding for return of Streedhan u/s 27 of the Act is not maintainable, when no other matrimonial proceeding between parties has ever been initiated, decided or pending...........
