Hindu Marriage Act, 1955, Section 13B, 2(2) -- Divorce by mutual consent - Both the parties belong to Scheduled Tribe Community - However, marriage was solemnized as per customs and traditions of Hindu Community and both the parties have been following Hindu Traditions and customs - Order of trial Court returning the petition on the ground of want of jurisdiction u/s 2(2)..........
Hindu Marriage Act, 1955, Section 13B, 2(2) -- Divorce by mutual consent - Both the parties belong to Scheduled Tribe Community - However, marriage was solemnized as per customs and traditions of Hindu Community and both the parties have been following Hindu Traditions and customs - Order of trial Court returning the petition on the ground of want of jurisdiction u/s 2(2)..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months waiting period - Court may exercise its discretion to waive off statutory period of six months in the facts and circumstances of a case especially when there is no possibility of parties to resume cohabitation and there are chances of alternative rehabilitation ...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months waiting period - Parties are living separately since Jan 2020 - No child is born out of wedlock - All efforts of reconciliation have failed and parties are not willing to live together as husband and wife - Permanent alimony is settled between parties - Parties have also expressed..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Hearing through Video Conferencing - Both the parties residing abroad and are unable to appear in person - Family Court directed to make arrangements to hear the matter through video conferencing...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual Consent - Waiving of six months waiting period - When there is no possibility of parties resuming cohabitation, cooling off period is to be waived...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual Consent - Waiving of six months waiting period - Parties are sufficiently educated and they have mutually decided to end their matrimony finding no hope/chance of reconciliation - Six months waiting period waived...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - Leave to defend - Rent Controller can grant leave to defend if affidavit filed by tenant discloses such facts as would disentitle landlord from obtaining an order for recovery of possession u/s 13-B of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - Leave to defend - Tenant is introducing new case which Supreme Court is not to entertain new pleas - Requirements of S.13-B of the Act are complied with by landlord - Onus is on tenant to disclose such facts as would disentitle summary eviction u/s 13-B of the Act, which he failed to do..........
Hindu Marriage Act, 1955, Section 13, 13B -- Divorce by mutual consent - Waiving of waiting period - Where there is no possibility of rapprochement and parties are not willing to live together coupled with the fact that they have been living separately for considerable time, High Court can dispense with cooling period, otherwise required to be given to parties to think..........
