Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - There must be two essential conditions namely : (i) the factum of separation; (ii) the intention to bring cohabitation permanently to an end - Whereas in respect of deserted spouse, absence of consent and absence of conduct giving reasonable cause to spouse leaving matrimonial home would be a necessary..........
Civil Procedure Code, 1908, Section 151, 152, 153, Order 23, Rule 1, 3 -- Proviso - Consent decree - Alteration/Modification of decree - Mistake - Consent decree cannot be modified/altered unless the mistake is a patent or obvious mistake...........
Civil Procedure Code, 1908, Section 151, 152, 153, Order 23, Rule 1, 3 -- Proviso - Consent decree - Alteration/Modification of decree - Court can entertain an application u/s 151 CPC for alterations/modification of consent decree if the same is vitiated by fraud, misrepresentation or misunderstanding...........
Civil Procedure Code, 1908, Section 151, 152, 153, Order 23, Rule 1, 3 -- Proviso - Consent decree - Alteration/Modification of decree - Court in exercise of its inherent powers may rectify the consent decree to ensure that it is free from clerical or arithmetical errors so as to bring it in conformity with the terms of the compromise...........
Divorce Act, 1869, Section 10(x) -- Divorce - Cruelty - Incompatibility is a factor that can be reckoned while considering ground for cruelty, if one of spouses withholds consent of mutual separation, though incompatibility is not recognized as ground for divorce...........
Divorce Act, 1869, Section 10(x) -- Divorce - Cruelty - When both the parties are unable to lead a meaningful matrimonial life due to inherent differences of opinion and one party is willing for separation and other party is withholding consent for mutual separation, that itself would cause mental agony and cruelty to spouse who demands separation...........
Divorce Act, 1869, Section 10(x) -- Divorce - Cruelty - If Court is able to form an opinion that due to incompatibility, marriage failed and one of spouses was withholding consent for mutual separation, Court can very well treat that conduct itself as cruelty...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Once parties agreed to set aside award and to remit the matter to Sole arbitrator for fresh reasoned award and order was passed on consent, thereafter it was not open for petitioner to contend that matter may not be and/or ought not to have been remanded to same sole arbitrator...........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Irretrievable breakdown of marriage - Consent of parties is not necessary to dissolve marriage on the ground of irretrievable breakdown of marriage...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Presence of mother of petitioner No.1 at the time of recording second motion - Not required - No such compulsion can be made by Court - Though first motion was recorded in the presence of mother of petitioner No.1 but the same was not required...........
