Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Relief cannot be declined on the ground that spouses are residing under the same roof...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, 8, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal in default for non appearance of both the parties - Restoration - Application for restoration of petition for divorce by mutual consent should have been filed by both the parties jointly and restoration application filed by appellant..........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Settlement - Supreme Court in exercise of its power u/art 142 of Constitution, in view of settlement between parties, has discretion to dissolve marriage by passing a decree of divorce by mutual consent without being bound by procedural requirement to move second..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Non-appearance of wife after initial consent - Does not amount to consent for decree of divorce as consent must continue till decree and consent to subsist when case is heard...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Parties have been living separately since 2014 and there is no possibility of resumption of matrimonial ties between them - Parties while reiterating their statements at first motion, submit that they have agreed to part ways on the terms and conditions as detailed..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Dismissal of petition filed before expiry of one year of marriage - Parties after marriage lived with each other for about ten days - There is no possibility whatsoever of any reconciliation between them leading to resumption of matrimonial ties - Dismissal of petition u/s 13-B of the Act set aside..........
Hindu Marriage Act, 1955, Section 13B, 28 -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent is maintainable...........
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 - 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 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...........
