Civil Procedure Code, 1908, Section 24 -- Matrimonial proceedings - Transfer of - Husband initiated matrimonial proceedings which is pending before Court at "P" - Applicant/wife filed criminal and matrimonial cases before Court at "A" within whose territorial jurisdiction her parents reside - Applicant resides in the vicinity of place "A" but did not have any permanent..........
Hindu Marriage Act, 1955, Section 13, 23 -- Divorce - Reconciliation - Court in first instance must make endeavour to bring about reconciliation between parties - Failure to make such endeavour deprives Court of jurisdiction to try and decide the case - It will undoubtedly be a serious omission to be taken into account...........
Civil Procedure Code, 1908, Section 24 -- Divorce petition - Transfer of - Applicant/wife is residing at Kaithal - Respondent/husband filed divorce petition at Faridabad which is at a distance of about 250 kms. from place of her residence - Held, it would certainly be difficult for wife living at mercy of her parents saddled with responsibility of raising her minor..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4, Family Courts Act, 1984, Section 7, Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court and consequently Family Court is not ousted with the enactment of Muslim Women (Protection of Rights on Divorce) Act, 1986...........
Hindu Marriage Act, 1955, Section 19 -- Divorce - Jurisdiction of Court - Place of last residence - Husband pleaded that parties to matrimony last resided in Dehradun together - This fact denied by wife - Question whether couple last resided in Dehradun not a mixed question of fact and law, which arised out of pleading of parties - Hence, in such circumstances finding of..........
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 13(1)(ia) -- Divorce - Petition by husband on ground of cruelty and desertion - Failure to prove the grounds - High Court in appeal dissolved the marriage on payment of Rs.10 Lakhs by husband to wife - Held, marriage under Hindu Act can be dissolved only on any of the grounds as enumerated u/s 13 of the Act - Law does not permit the..........
Hindu Marriage Act, 1955, Section 13 -- Husband and wife Indian citizens - Married in India - Marriage registered under provisions of Hindu Marriage Act - Took permanent domicile in India - Divorce petition - Held, Court in India has the jurisdiction and not the Court in USA - Only that court will be a court of competent jurisdiction which the Act or the law under which..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, Family Courts Act, 1984, Section 8, 20 -- Petition u/s 3 Muslim Women Act lies to Magistrate, having jurisdiction in the area and not to the Family Court...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of waiting period of six months - Question as to whether Supreme Court in exercise of its jurisdiction under Article 142 of the Constitution can waive waiting period of six months referred to a Bench of three judges in order to have a clear ruling on the issue for future guidance...........
