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1955, Section 13B -- Divorce by mutual consent - Statement of parties recorded as per their consent - Consent cannot be withdrawn at the stage when case is pending for judgment...........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...........
Lok Adalat -- Matrimonial dispute - Permanent Lok Adalat - Divorce by mutual consent - Permanent Lok Adalat has no jurisdiction to pass a decree of divorce by mutual consent as jurisdiction of Permanent Lok Adalat is confined only to public utility service and matrimonial dispute is not a public utility service. (Legal Services Authorities Act, 1987, Section 22B r/w..........
Constitution of India, 1950, Article 142 -- Hindu Marriage Act, 1955, Section 13B(2) - Divorce - Mutual consent - Appellate Jurisdiction - Court not competent to waive off the minimum period of six months prescribed in sub-section (2) of Section 13B of the Act - Supreme Court enjoy this power under Article 142 of Constitution - The powers akin to Article 142 of the..........
Hindu Marriage Act, 1955, Section 13B(2) -- Doctrine of "relation back" - Applicability of - Divorce - Mutual consent - Whether amendment of petition u/S.10 of the HM Act into a petition under Section 13B of the Act will be relate back to the date of filing of the unmended petition - Held, no - The doctrine of relation back cannot be pressed into service to defeat a..........
Hindu Marriage Act, 1955, Section 13B(2) - - Divorce - Mutual consent - Appeal against a consent decree passed under Section 13B of the Act is maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorce by mutual consent - Wife is not entitled to claim maintenance or interim maintenance and expenses of proceedings from the husband...........
