Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent - Parties started living together along with children after getting mutual divorce - Decree of divorce by mutual consent set aside - Appeal allowed...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Party to a consent decree based on a compromise to challenge compromise decree on the ground that decree was not lawful, i.e it was void or voidable has to approach the same Court, which recorded compromise and a separate suit challenging the consent decree is not maintainable...........
Partition -- Joint Family Property - Residential property was purchased in the name of defendant in 1979 - Defendant contended that partition effected in 1960 and there was no joint family when said property was purchased and properties divided by entering into agreement in 1981 - However, neither any agreement was filed or proved nor there is any other evidence on record..........
Divorce Act, 1869, Section 10(1)(iii), 19 -- Divorce - Unsoundness of mind - Petition by husband - Allegation is about suppression and failure to inform a particular fact cannot be treated as fraud, unless person failing to mention it was under legal obligation to state it - Non-disclosure by wife before marriage that she was suffering from delusion disorder is not a..........
Hindu Marriage Act, 1955, Section 13B -- Prayer for converting appeal, filed against grant of decree of divorce, as a petition u/s 13-B of the Act, allowed - Statement of parties recorded of first motion - Six months waiting period waived - Statement of parties on the second motion recorded - Decree of divorce by mutual consent granted...........
Special Marriage Act, 1954, Section 28 -- Divorce by mutual consent - Settlement agreement - Dispute between parties stands amicably resolved with settlement agreement - Essential terms of first agreement executed between parties are retained by parties and rather they have also partly acted upon the same - Decree of divorce by mutual consent granted in terms of settlement..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties remained together only for 2 days - They filed joint application for divorce by mutual consent after 1 year of marriage - Court passed a decree of judicial separation instead of a decree of divorce by mutual consent - Trial Court observed that period of their staying together is short and that it..........
Jurisdiction -- If there is inherent lack of jurisdiction, plea can be taken at any stage and also in collateral proceedings - A decree passed by a Court without subject matter jurisdiction is a nullity and that its validity can be set up whenever and wherever it is sought to be enforced or relied upon - Such a defect of jurisdiction cannot be cured even by consent of..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Decree of divorce by mutual consent challenged u/s 151 CPC on the ground that it was obtained by fraudulent manner - Application for maintenance pendente lite is maintainable in such proceedings...........
Consent decree -- Relating to subject matter of suit - Does not require registration...........
