Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Parties lived together only for 4 months after the marriage - Every effort to resolve their difference failed despite best efforts being made by their family members and other persons of society - Settlement arrived at between parties and according to which husband..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Parties lived together only for 4 months after the marriage - Every effort to resolve their difference failed despite best efforts being made by their family members and other persons of society - Settlement arrived at between parties and according to which husband..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Waiver of compounding fee - Complainant received the agreed amount - Accused is permitted to compound the offence - However, prayer for waiving of compounding fee not acceptable but considering mitigating circumstances of accused, same is reduced to Rs.10,000/- - Conviction..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Waiver of condition to deposit 20% of fine amount - Merely on the sole ground that accused have a good case of acquittal in appeal is not sufficient to exempt accused from depositing 20% of fine amount as imposed by trial Court as per S.148 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Waiver of condition to deposit 20% of fine amount - Merely on the sole ground that accused have a good case of acquittal in appeal is not sufficient to exempt accused from depositing 20% of fine amount as imposed by trial Court as per S.148 of the Act...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Parties have been living separately since 2014 and there is no possibility of resumption of matrimonial ties between them - Parties while reiterating their statements at first motion, submit that they have agreed to part ways on the terms and conditions as detailed..........
Special Marriage Act, 1954, Section 28(2) -- Divorce by mutual consent - Waiver of six months statutory period - Dictum laid down by Apex Court in Amardeep Singh case in the context of S.13-B of Hindu Marriage Act is applicable to a petition for divorce filed u/s 28 of Special Marriage Act and on satisfaction of conditions laid down in that decision, Family Court can waive..........
Special Marriage Act, 1954, Section 28(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties have genuinely settled their disputes in mediation - They have consented for a decree of divorce by mutual consent - Since 2016 parties are living separately and cooling period of six months will only prolong their agony - Statutory period of six months..........
Hindu Marriage Act, 1955, Section 12(i)(c), 14 -- Annulment of marriage - Waiver of statutory period of one year - Application for annulment of marriage filed prior to expiry of one year from the marriage - No serious argument raised for waiver of statutory period - Family Court rightly refused to waive statutory period - Dismissal of application u/s 14 of the Act will be..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual Consent - Waiver of six months statutory period - Parties are sufficiently educated and are aware of their rights and have mutually decided to end their matrimony finding no hope/chance of reconciliation - Six months statutory period waived...........
