Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - If during lie over period parties have met and lived as husband-wife, they are not entitled to the decree of dissolution - Court should also satisfy that mutuality on consent persisted in both the parties - If one party has change of heart or second thought in the meanwhile, Court has no jurisdiction to..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving off waiting period - Irretrievable break down of marriage - Parties compromised - Criminal proceedings u/s 498-A, 406 IPC already quashed - Exceptional circumstances exist - Waiting period waived off...........
Hindu Marriage Act, 1955, Section 13 -- Divorce- Mental cruelty - Sterilization operation by husband without medical reasons and without consent or knowledge of wife and vasectomy or abortion by wife without medical reason or without consent or knowledge of her husband - Such acts may lead to mental cruelty...........
Hindu Marriage Act, 1955, Section 13 -- Mental cruelty - No uniform standard can ever be laid down - Concept of cruelty differs from person to person - Concept of cruelty changes with passage of time, impact of modern culture and value system etc. - Few instances enumerated hereinafter are only illustrative and not exhaustive viz. (i) Not possible for parties to live with..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of period of six months - Parties litigating on the criminal side since 2000 and matter settled by intervention of Panchayat by way of compromise whereby parties were to get divorce by mutual consent - Keeping in view the age of parties the continuation of a sterile marriage would have deleterious..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13, 12 -- Divorce petition - Plaintiff seeking amendment of plaint to seek relief u/s 12 of the Act for annulment of marriage as his consent was obtained by fraud - Amendment sought within one year of knowledge of fraud - Held, amendment sought is not barred u/s 12 of the Act...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Statement of parties recorded as per their consent - Consent cannot be withdrawn at the stage when case is pending for judgment...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition rejected on ground that minimum period of one year had not elapsed since parties stopped living as husband and wife - Held, even if parties are living under the same roof but are not cohabiting or are not living as husband and wife they can be said to be living separately - Trial Court fell into..........
Hindu Marriage Act, 1955, Section 13(1)(ii) -- Divorce - Petition by wife - Hindu husband who embraced Islam by conversion cannot put forward a valid defence that conversion to Islam was with consent of wife and thereby he cannot avert an order for dissolution of marriage...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion - Means the intentional permanent forsaking and abandonment of one spouse by the other without that other's consent and without reasonable cause - It is a total repudiation of the obligations of marriage - Desertion is not the withdrawal from a place but from a state of things...........
