Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise after grant of decree of divorce by mutual consent - Parties realized their mistake in parting ways and have against come together - Such a step shall be beneficial for both the parties as well as their child - Decree set aside...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Parties are not living together since 2019 - Marriage between parties has broken irretrievably - No possibility of parties resuming matrimonial ties, as all efforts and all attempts for reconciliation and resumption of matrimonial ties have failed - Parties have..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Matter between parties has been amicably resolved and they have decided to part ways - Settlement has been arrived at out of their own free will and volition without any kind of pressure, coercion or undue influence of any kind - Statements of parties at second motion have accordingly been recorded..........
Hindu Marriage Act, 1955, Section 13, 13B -- Conversion of petition u/s 13 of the Act to S.13-B of the Act - Parties are living separately since 2012 - Both the parties have agreed to part their ways while reiterating their statements at first motion as per conditions mentioned in settlement arrived at between parties - Statements of parties at second motion have been..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal of petition on the ground that petition has been filed prior to one year of parties living separately - Even if separation of parties is to be taken from 01.09.2020 the impugned order was passed on 13.12.2022 and by then statutory period had elapsed - Both the parties have affirmed their..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties are living separately since last more than one and a half year and have undertaken to withdraw all cases pending between them - Six months statutory period waived...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual Consent - Waiver of six months statutory period - Parties are sufficiently educated and are aware of their rights and have mutually decided to end their matrimony finding no hope/chance of reconciliation - Six months statutory period waived...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13B -- Ex parte decree of divorce by mutual consent - Setting aside - (i) Petition u/s 13-B of the Act not supported by an Affidavit; (ii) Wife not aware of the filing of petition; (iii) wife has not given her consent for divorce by mutual consent; (iv) wife never appeared before Court; (v)..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Second motion u/s 13-B(2) of the Act by both the parties has never been moved - Husband alone filed application for compromise between parties - Wife never appeared in petition u/s 13-B of the Act - In absence of second motion not having moved by both the parties to marriage, Court cannot pass a decree of..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties lived together only for 12 days - Parties unwilling to live together - Parties even settled the amount of permanent alimony - Only because 9 days fell short of completing period of 1-1/2 years before first motion, that too on the date of filing mutual..........
