Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Proviso of S.14 which provides for the presentation of petition even before the lapse of a period of one year cannot be read into the provision of S.13-B(1) and both are independent of each other...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mandatory requirements of the provision are : (a) they have been living separately for a period of one year or more, (b) that they have not been able to live together (c) that they have mutually agreed that the marriage should be dissolved - Once these three conditions are satisfied then only the Court..........
Hindu Marriage Act, 1955, Section 26, Hindu Minority and Guardianship Act, 1956, Section 13, Guardians and Wards Act, 1890, Section 17 -- Divorce by mutual consent - Custody of minor male child given to mother and father given visiting rights - Wife getting better job in Australia - Wife wanted to take child to Australia - Child stated in Court that he wanted to live with..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mutual consent should continue till the divorce decree is passed - The other requirements of provision of S.13-B(1) of Hindu Marriage Act are (i) parties are living separately for a period of one year; (ii) parties are not able to live together and (iii) parties have mutually agreed that marriage should..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Three ingredients for the grant of relief under the provision are : (i) the parties had been living separately for a period of more than a year, (ii) they had not been able to live together and (iii) that they have mutually agreed to dissolve the marriage - Court not to pass decree earlier than six months..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Period of one year `living together' - This period of one year should be immediately preceding the presentation of the petition - The parties may live under the same roof by force of circumstances and yet they may not be living as husband and wife - The parties may be living in different houses yet they..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Living separately for a period of one year - Should be immediately preceding the presentation of petition - Court can condone the statutory period keeping in view the circumstances of the case...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Living separately for a period of one year - Parties living under one roof during this statutory period of one year - Does not mean that statutory period of one year has not elapsed before filing the petition, once both the parties categorically admitted that they never lived like husband and wife during..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Living separately for a period of one year - During this statutory period of one year parties lived under one roof for a period of three months, but not as husband and wife - Does not mean that statutory period of one year has not elapsed before filing the petition...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of waiting period - Decision taken by parties a matured and well considered one and not arrived at by any external influence - Marriage took place in the year 2001 and a period of six years has already passed - Parties living separately since January, 2006 - Said period is sufficient to allow the..........
