Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties are living separately for the last 10 years - Compromise arrived at between parties and they have decided to take divorce by mutual consent - Marriage between parties is irrevocably broken down - There is no possibility of reconciliation between them - Mandate of statutory period of 6 months as..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise/consent decree - Suit to set aside - At the stage of deciding application for rejection of plaint, Court is to see as to whether suit is maintainable in view of O.23.R.3-A CPC and not to consider suit on merits and validity of compromise decree...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit to set aside - Party has to approach the same Court, which recorded the compromise decree - Separate suit challenging the consent decree is not maintainable...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Unilateral withdrawal of consent by wife - Petition filed on representation of wife that she is agreeable to divorce by mutual consent - Amount of Rs.6,50,000 was deposited by husband and wife has withdrawn the same - Wife is thus, estopped from withdrawing her consent - Decree of divorce by mutual..........
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...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of mandatory period of one year - Parties have already resolved their disputes - Both the parties have already received all the articles given by them at the time of marriage - None of them will claim anything with regard to past or future maintenance - Since the parties have already resolved their..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Execution of decree - Issuance of warrants - Tenant voluntarily entered into a compromise and pursuant thereto, enjoyed benefit of staying in tenanted premises for a period of ten years - Now, at the stage of execution, tenant cannot raise any objections with regard to jurisdiction of ARC that recorded consent..........
Service -- Compassionate appointment - Claimed by divorced daughter - When deceased employee died, her daughter was a married daughter at that time - Immediately on death of deceased employee, respondent initiated divorce proceedings u/s 13-B of Hindu Marriage Act - It only shows that purpose of getting appointment on compassionate ground decree of divorce by mutual..........
