Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent - Plea of fraud taken by wife - Appeal - Maintainability - Wife contended that decree of divorce by mutual consent obtained by husband by playing fraud - It will be a question of law and fact to determine whether mutual decree of divorce had been obtained by playing fraud on Court - Wife is..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Extension of 18 months statutory period - No straight jacket formula can be said down in every case of expiry of period of 18 months - Circumstances of each particular case to be taken into consideration - If both the parties do not withdraw their consent and there are reasonable grounds for deferring the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Extension of 18 months statutory period - Parties not withdrawn their consent recorded at first motion - However, second motion statement could not be recorded on account of paucity of money with husband - Period of 18 months as prescribed u/s 13-B(2) of the Act extended...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 25 -- Divorce and permanent alimony - Single petition - Cause of action for dissolution of marriage and for permanent alimony is one and the same - Parties also same - Single petition for such two reliefs can be filed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegations of illicit relations of husband made by wife in her written statement - However, there is no pleading in that regard in the divorce petition by husband - In absence of any pleading to that effect, decree of divorce not granted to husband - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband alleges that wife made false allegations of cruelty against him and his family members in criminal case, which ended in his acquittal - However, judgment of acquittal passed by trial Court is not on record - Even otherwise, appeal against such acquittal order is already filed -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - General allegations of quarrel on trivial issue and marpeet etc. were made by husband against wife - Pleadings are absolutely vague - Other allegations regarding threat of committing suicide by wife, false allegations of illicit relations of husband also not proved - Ground of cruelty..........
Hindu Marriage Act, 1955, Section 15 -- Decree of divorce - Pendency of appeal - Second marriage - Second marriage shall be lawful only after dismissal of appeal...........
Hindu Marriage Act, 1955, Section 15 -- Decree of divorce - Pendency of appeal - Second marriage - Restriction placed on second marriage till dismissal of an appeal does not apply to a case where parties have settled and decided not to pursue the appeal...........
Hindu Marriage Act, 1955, Section 15, Civil Procedure Code, 1908, Order 23, Rule 1 -- Decree of divorce - Pendency of appeal - Second marriage - Application to withdraw appeal filed on 28.11.2011 and order of withdrawal passed on 20.12.2011 - Second marriage performed on 6.12.2011 i.e. after filing of application to withdraw appeal and before order of withdrawal was passed..........
