Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Husband has to leave India for his job purpose and once he goes, it would not be possible for him to return back in a year or two and thus wife will not only suffer mental agony but would also be not able to remarry - Wife received final compensation of Rs.15 lakhs..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Appeal against decree - Decree of divorce by mutual consent is entirely different from a consent decree passed by a Civil Court in non matrimonial matters - When there is violation of formalities and requirement prescribed u/s 13-B of the Act or there is allegation of fraud, undue influence, coercion,..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of waiting period of six months - Only Supreme Court has power to waive statutory period of six months - Neither High Court nor Civil Court can pass orders before prescribed period...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Undue hardship - Neither civil Courts nor High Court has jurisdiction to waive statutory period of 6 months as required u/s 13-B(2) of Act - Moreover, petitioners does not spell out any undue hardship that would cause by passage of six months in their application..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Irretrievable breakdown of marriage - Parties settled the matter and filed a joint application incorporating the terms of settlement - In the facts of the case, Supreme Court by exercising jurisdiction under Article 142 of the Constitution dissolved the marriage between the parties so as to enable the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Wife residing abroad, represented through special power of Attorney, her mother - Wife filed affidavit confirming contents of petition - No suspicious circumstances in affidavit - Personal attendance not required - Divorce granted...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Divorce petition by husband - Dismissed by trial Court - Appeal dismissed by High Court - Appeal filed in Supreme Court - Parties referred to Mediation Centre - Parties living separately for the last 15 years due to their strained relations - In exercise of power u/s 142 of Constitution, marriage between..........
Hindu Marriage Act, 1955, Section 13B, 25, 26 -- Divorce by mutual consent - Maintenance - Trial Court can pass an order for maintenance under the scheme of Ss.25 & 26 of the Act only on the agreed terms of the parties while passing a decree by mutual consent invoking provision u/s 13-B of the Act...........
Hindu Marriage Act, 1955, Section 13B, Hindu Succession Act, 1956 - - Divorce by mutual consent - Right of minor in property of her father - Held, right of minor under Hindu Succession Act cannot be curtailed by mother or father even by way of compromise...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Direction as to lien of minor over ancestral property - No material to show that issue as regards lien of minor over property of her father was the subject matter of adjudication before trial Court - No issue as regards to lien of minor over property in question was formulated by trial Court - Trial Court..........
