Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Period mentioned u/s 13-B(2) of the Act is not mandatory but directory as held by Apex Court in the case of Amardeep Singh...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiving of six months statutory period - Parties lived together only for three months and after which they have separated on account of irreparable differences - Parties are living apart for more than eleven years - Marriage has irretrievably broken down - No useful purpose would be served in keeping..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Dispute between parties settled - In terms of memorandum of settlement, decree of divorce by mutual consent, in exercise of jurisdiction under Article 142 Constitution of India, passed - All criminal proceedings between parties quashed and Transfer Petitions also disposed of...........
Hindu Marriage Act, 1955, Section 13B, Family Courts Act, 1984, Section 19(2) -- Decree of divorce by mutual consent - Appeal thereagainst - No appeal is maintainable u/s 19(2) of Family Courts Act, against decree of divorce by mutual consent...........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 23, Rule 3A -- Decree of divorce by mutual consent - Cannot be challenged by way of suit - An application to set aside decree on the ground of any fraud, misrepresentation or coercion, is maintainable before the same court which passed such order or decree but separate suit is not maintainable...........
Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent - Decree alleged to be the result of fraud and coercion - Wife failed to narrate any fact of force or coercion before presiding officer or her counsel at the time of passing of decree when Court inquired with parties to ascertain their free consent/collusion - Even during pendency of appeal wife..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Defendants failed to prove that disputed rooms/shops were constructed by their father with the consent of plaintiff - No right was given to father of defendants to construct rooms over properties owned by plaintiffs - Therefore, in view of S.8 of T.P.Act, disputed..........
Arbitration and Conciliation Act, 1996, Section 20(2) -- Seat of arbitration - Once jurisdictional seat of arbitration is fixed in terms of S.20(2) of the Act, then, without the express mutual consent of the parties to the arbitration, `the seat' cannot be changed...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Allowing father of husband to represent husband being his power of attorney holder - Wife having no objection if father of husband is allowed to participate in the proceedings - Order refusing father to participate in the proceedings set aside...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiving of six months waiting period - Parties filed affidavit of living separately since July, 2018 - Their application cannot be rejected on the ground that it is not supported by any documentary evidence - Impugned order set aside - Waiting period of six months waived...........
