Hindu Marriage Act, 1955, Section 13(1)(i)(b) -- Divorce - Desertion - Decree granted by Court having no territorial jurisdiction - Objection with regard to territorial jurisdiction not taken in trial Court - Objection cannot be taken in appeal for the first time unless prejudice was caused to the aggrieved party...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - No exparte decree can be passed - Only mutual consent gives the Court jurisdiction to pass a decree - Ex parte decree would destroy the very concept of divorce by mutual consent...........
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 - Mutual consent should continue till decree of divorce is passed - Withdrawal of consent by one party would render the Court to have no jurisdiction to pass decree by mutual consent - Court would see as to whether the consent was not a result of force or fraud or undue influence...........
Succession Act, 1925, Section 372 -- Two petitions for issue of Succession certificate - First claim raised by Devki Devi being widow, alleging that marriage between Chandan Singh, deceased and Parvati Devi dissolved in Panchayat - Second claim by Parvati Devi being widow - First claim contested - Dissolution of marriage denied. Held - Under Hindu Marriage Act, once..........
Hindu Marriage Act, 1955, Section 13, 23 -- Panchayati Divorce - Legal implications - Once marriage took place between the parties, divorce cannot be given effect without obtaining a decree for divorce from a competent court of jurisdiction - Marriage could not be dissolved by Panchayat or by a mutual agreement between the parties before the panchayat - Such a divorce is..........
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..........
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..........
Lok Adalat -- Has no jurisdiction to decide a divorce petition - Lok Adalat is to help the parties to come to terms, record their statements as regards their decision to dissolve the marriage by mutual consent and do all other necessary act in this direction - However, after recording settlement, the case has to go back to District Judge to pass the final decree in the..........
Hindu Marriage Act, 1955, Section 13B, 19 -- Divorce by mutual consent - Jurisdiction - Wife residing at Gwalior - Court at Gwalior has jurisdiction to entertain the joint petition by husband and wife for divorce by mutual consent...........
