Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent of both husband and wife recorded on 03.01.2020 and case fixed for judgment for 06.01.2020 - Case was again reopened on 06.01.2020 and thereby the case came within the ambit of `hearing' again and on that date unilateral consent of husband was recorded - Court having reopened the case for hearing,..........
Hindu Marriage Act, 1955, Section 13B, 28 -- Decree of divorce by mutual consent - Appeal u/s 28 of the Act is maintainable against such decree...........
Hindu Marriage Act, 1955, Section 13B, 28 -- Decree of divorce by mutual consent - Appeal - Parties are living together along with their son - It is thus, never too late to mend ways - Decree of divorce by mutual consent held, set aside...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Dispute between parties settled - In terms of memorandum of settlement, decree of divorce by mutual consent, in exercise of jurisdiction under Article 142 Constitution of India, passed - All criminal proceedings between parties quashed and Transfer Petitions also disposed of...........
Hindu Marriage Act, 1955, Section 13B, Family Courts Act, 1984, Section 19(2) -- Decree of divorce by mutual consent - Appeal thereagainst - No appeal is maintainable u/s 19(2) of Family Courts Act, against decree of divorce by mutual consent...........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 23, Rule 3A -- Decree of divorce by mutual consent - Cannot be challenged by way of suit - An application to set aside decree on the ground of any fraud, misrepresentation or coercion, is maintainable before the same court which passed such order or decree but separate suit is not maintainable...........
Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent - Decree alleged to be the result of fraud and coercion - Wife failed to narrate any fact of force or coercion before presiding officer or her counsel at the time of passing of decree when Court inquired with parties to ascertain their free consent/collusion - Even during pendency of appeal wife..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Settlement arrived at between parties for dissolution of marriage by a decree of divorce by mutual consent - On perusal of its terms the same found to be lawful and there is no reason as to why the same cannot be accepted - Parties living separately and there is no possibility of reconciling the dispute..........
Constitution of India, 1950, Article 142 -- Parties from different States - Settlement entered into between parties - Settlement deserves to be accepted - All proceedings pending between parties stands disposed of in terms of settlement - Decree of divorce by mutual consent granted as prayed by parties - Marriage between parties dissolved...........
Civil Procedure Code, 1908, Section 39(3) -- Transfer of decree - Jurisdiction cannot be conferred by consent of parties if Court is lacking pecuniary jurisdiction...........
