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Sep 01 2009 (SC)

Anil Kumar JaIn Vs. Maya Jain

Court : Supreme Court of India

Reported in : 2009AIRSCW5899; AIR2010SC229; 2010(1)ALT29(SC); 2009(4)AWC3635; JT2009(14)SC139; (2009)8MLJ405(SC); 2010(1)MPHT387(SC); (2010)157PLR248; 2009(12)SCALE115; (2009)10SCC415; 2009(9)LC4071(SC)

..... transfer petition, invoked its jurisdiction under article 142 of the constitution, and directed the parties to file a joint petition before the family court at bandra, mumbai, under section 13b of the hindu marriage act, 1955, for grant of a decree of divorce by mutual consent, along with a copy of the terms of compromise arrived at between the parties. this court also directed that ..... kabir, j.1. leave granted.2. the short point for decision in this appeal is whether a decree can be passed on a petition for mutual divorce under section 13b of the hindu marriage act, 1955, when one of the petitioners withdraws consent to such decree prior to the passing of such decree.3. in the instant case, the appellant husband was married to the ..... years.22. the appeal is, therefore, allowed. the impugned judgment and order of the high court is set aside and the petition for grant of mutual divorce under section 13b of the hindu marriage act, 1955, is accepted. there will be a decree of divorce on the basis of the joint petition filed by the parties before the second additional district judge, chhindwara, under ..... . the second proposition is that although the supreme court can, in exercise of its extraordinary powers under article 142 of the constitution, convert a proceeding under section 13 of the hindu marriage act, 1955, into one under section 13b and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other courts can exercise such powers. the .....

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Jan 08 1992 (HC)

Damyanti Kirit Jani (Smt.) Vs. Kirit Lalubhai Jani

Court : Mumbai

Reported in : 1992(2)BomCR620; (1992)94BOMLR61

..... by mutual consent. both the petitioners affirm and verify the contents of the petition as being true to their own knowledge. i, therefore, pass decree of divorce under section 13b of hindu marriage act, 1955 as amended as per prayer clause (a) of the petition.'this cryptic judgement passed by the learned trial judge leaves no manner of doubt in my mind that the ..... they were married on may 4., 1980 at village called ruvath in gujrat according to hindu vedic rites. the marriage was not registered. it appears that they filed m. j. petition no. 980 of 1988 under section 13b of the hindu marriage act, 1955 as amended uptodate (hereafter referred to as the 'hindu marriage act) in the city civil court at bombay for divorce by mutual consent. the learned judge ..... learned trial judge has passed the impugned judgement without application of mind and in a casual and cavalier fashion. it is important to note that as per section 13b of the hindu marriage act ..... this appeal urged that it was incumbent upon the learned trial judge to have made inquisitor enquiry from the parties and especially the appellant-wife in consonance with section 13b of the hindu marriage act and the impugned judgement and decree passed by the learned trial judge does not show that such an enquiry was made by the learned trial judge and that .....

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Mar 23 1995 (HC)

M. Sailaja and Another

Court : Andhra Pradesh

Reported in : AIR1995AP325; 1995(2)ALT166

..... with the submission of the learned counsel for the appellants. the division bench then held: the trial court has no power to alter the statutory time limit enacted in section 13b(2) of the hindu marriage act, 1955. it is well settled that when a statute ordains a particular procedure prescribing a certain time limit, the court is bound to comply with the same; by resorting ..... for a period of more than two years and that there is no possibility of their reunion.2. in view of the time limit set out in subsection (2) of section 13b of the hindu marriage act, 1955, hereinafter referred to as 'the act', the learned iii-addl. judge, city civil court, hyderabad, fixed the date of appearance of the parties to 5-6 ..... to an intefpretative process, the object of the statute cannot be defeated. the reason for prescribing the time-limit in sub-section (2) of section 13b is to enable the parties to have ..... -1955, i.e., after the expiry of six months. an application was filed to dispense with the observance of statutory period of six months for disposing of the original petition. as .....

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May 12 2005 (HC)

In Re: Smt. Rupali Singh and anr.

Court : Madhya Pradesh

Reported in : AIR2005MP203; 2005(4)MPHT205

..... r. c. s. no. 386-a/2004 whereby the court below has refused to entertain an application preferred under section 13b of the hindu marriage act, 1955 (for brevity 'the act') the appellants have preferred the present appeal.2. the facts in a nutshell are that the marriage between the appellant no. 1 and appellant no. 2 was solemnized on 16-2-2002 at bhopal. after living for ..... under :-'13-b divorce by mutual consent.- (1) subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a ..... per the statement of the appellants before him they were staying separately from december, 2003 and the application preferred under section 13b of the act was presented on 3-9-2004 before the court and, therefore, the requisite condition stipulated under section 13b(1) of the act was not complied with inasmuch as they were living separately for less than one year. the said judgment is ..... satisfied that the marriage has become irredeemable and there is no possibility of reconciliation a decree for divorce should be granted. learned counsel has commended us to the decision rendered in the case of smt. sureshta devi v. om prakash, : [1991]1scr274 .7. to appreciate the submissions raised by mr. verma it is condign to reproduce section 13b of the act which reads as .....

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Dec 10 1999 (SC)

Kiran Vs. Sharad Dutt

Court : Supreme Court of India

Reported in : II(2000)DMC503SC; JT2000(1)SC532; (2000)10SCC243

..... our power under article 142 of the constitution of india accept the consent terms filed by the parties and direct that a decree for divorce by mutual consent under section 13b of the hindu marriage act, 1955 be passed in this case. the agreement regarding payment of permanent alimony and monthly maintenance as laid down in paragraph 2(a) to (d) shall form part of the ..... allowed in terms of para 3 of the i.a. we grant amendment to the divorce petition by treating it to be one under section 13b of the hindu marriage act, 1955. the proceedings between the husband and wife for dissolution of marriage are pending since 11 years. on the fact of the case, there is no necessity to further delay the passing of the decree for ..... marriage between the first cousins would no longer survive. the prayer in i.a. no.3 of 1999 for permitting ..... to eye and live together. they are not blessed with any child. therefore, the prayer in original hindu marriage petition no.584 of 1988 which was for divorce on the ground of alleged desertion and cruelty by wife and also under section 11 of the hindu marriage act wherein the respondent-husband sought a decree for nullity on the ground that there was no custom of .....

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Mar 26 2008 (HC)

In Re: Subhasree Datta and anr.

Court : Kolkata

Reported in : (2008)2CALLT43(HC),2008(2)CHN303,II(2008)DMC582

..... .15. relying on the two above judgments of andhra pradesh and madras high court, i am also of the view that the provision of sub-section 2 of section 13b of the hindu marriage act, 1955, is directory in nature and not at all mandatory since the legislative intent was only to ensure that the time-gap provided therein allowed the parties ..... order to support their contention of foreign assignment, and(b) mutual consent petition for divorce under section 13b of the hindu marriage act, 1955 could not be preponed, since statutory waiting period of six months had not yet elapsed.4. the learned advocate appearing on behalf of the joint petitioners submits ..... learned court below dismissed an interlocutory application filed by the joint petitioners herein for preponing the date of hearing of the mutual consent divorce petition, filed under section 13b of the hindu marriage act, 1955, primarily on two grounds, namely:(a) at the time of hearing of the interlocutory application, the petitioners had not filed even a scrap of paper in ..... in a matrimonial petition, dismissing the appellant's petition under section 13 of the hindu marriage act, 1955, for dissolution of his marriage with the respondent. in the facts of that case, during the pendency of the appeal, the parties jointly filed an application under section 13b of the hindu marriage act, 1955, (hereinafter referred to as the 'said act') praying, inter alia, that the appeal be converted into .....

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Apr 09 2010 (HC)

V.G. Rajilal and Vs. the State of Kerala

Court : Kerala

..... must be brought on record to show that there had been a valid marriage. the registration is not the sole proof of marriage in order to become a valid marriage.9. in the present case, the marriage between the petitioners is not disputed. section 13b of the hindu marriage act, 1955 was inserted by act 78 of 1976 and provides for divorce by mutual consent. in order to attract the provisions ..... of this section, the spouses should have been living separately for a period of one ..... year or more and must not have been able to live together and have mutually agreed that the marriage should be dissolved. if .....

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May 11 2009 (SC)

Smruti Pahariya Vs. Sanjay Pahariya

Court : Supreme Court of India

Reported in : 2009(4)LHSC2281; 2009AIRSCW4267; AIR2009SC2840; 2009(4)ALT33(SC); 2009(4)AWC3467(SC); 2010(1)BomCR556; JT2009(8)SC146; (2009)5MLJ1203(SC); 2009(II)OLR(SC)121; (2009)155PLR473; RLW2009(4)SC3070; 2009(7)SCAL:2009AIRSCW4267:2009(4)LHSC2281

..... hindu vedic rites. marriage was also registered. after marriage, the parties resided together in flat no. 601, 2nd floor ..... the family court, mumbai, in which the family court, dissolved the marriage between the appellant and the respondent by a decree of divorce on mutual consent under section 13b of the hindu marriage act, 1955 (hereinafter 'the said act').3. admittedly, the parties are hindu and governed by the provisions of the said act and they were married on 5.3.1993 at mumbai following the ..... such a law was felt as early as in 1974 and chief justice p.b. gajendragadhkar, as the chairman of law commission, in the 59th report on hindu marriage act, 1955 and special marriage act, 1954, opined:in our report on the code of civil procedure, we have had occasion to emphasis that in dealing with disputes concerning the family, the court ..... revocation of the relationship itself must be consensual, as was the original formation of the relationship. the hindu marriage act, as amended in 1976, recognizes this theory in section 13b.32. on the question of how to ascertain continuing consent in a proceeding under section 13b of the said act, the decision in the case of smt. sureshta devi v. om prakash : [1991]1scr274 , .....

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May 25 2005 (HC)

Smt. Rachna JaIn Vs. Shri Neeraj Jain

Court : Delhi

Reported in : 120(2005)DLT365; II(2006)DMC410

..... by additional district judge who declined to modify and rectify the order dated 1.10.2003 and for passing decree of divorce under section 13b(2) of the hindu marriage act,1955 (hereinafter referred to as 'act').3. in a troubled marriage there were pending criminal matters and divorce proceedings. eventually divorce by mutual consent and settlement of all criminal and civil disputes was agreed ..... respondent to withdraw his counsel.6. that the impugned order dated 31.3.2004 declining to modify the order dated 1.10.2003 thereby dismissing the petition under section 13b(2) of the hindu marriage act reads as follows;' before adverting to the submissions made by the ld. counsel for both the parties, it will be proper to know the back ground ..... following reasons:-(a). that the respondent had himself filed the petition for judicial separation under section 10 of the hindu marriage act.(b). during the pendency of the said petition joint petition for divorce by mutual consent was filed under section 13 and 13b(2) of the hindu marriage act by both the parties along with the application under order 6 rule 17 cpccpccpc ..... converting the petition under section 10 of hindu marriage act into a petition under section 13(b)(1) of the hindu marriage act for divorce by mutual consent.i) along with the application for amendment both the parties filed their affidavit in support as well as both the petitions under section 13b(1) and 13b(2) of the said act for dissolution of their marriage by way of mutual .....

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Oct 04 2005 (SC)

Ruma Chakraborty Vs. Sudha Rani Banerjee and anr.

Court : Supreme Court of India

Reported in : AIR2005SC3557; 2005(6)ALD116(SC); 2005(4)AWC3791(SC); (SCSuppl)2006(1)CHN90; 2005(5)CTC226; II(2005)DMC716SC; JT2005(12)SC134; RLW2005(4)SC2882; 2005(8)SCALE124; (2005)8SCC

..... a right to be impleaded as party defendant. as per the appellant's own averment, the proforma respondent has divested himself of physical possession. while dissolving marriage under section 13b of the hindu marriage act 1955, the matrimonial court with the consent of the parties ordered the proforma respondent to pay a sum of rs. 200/- p.m. for maintenance of the ..... minors only. the appellant, in our opinion, by such consent order has expressly waived her right to maintenance.section 3(b) of the hindu adoptions and maintenance act 1956 reads thus ..... his or her earnings or from any other source;(g) the number of dependants entitled to maintenance under this act.'section 25 of the hindu marriage act 1955 reads as follows:-'25. permanent alimony and maintenance.-(1) any court exercising jurisdiction under this act may, at the time of passing any decree or at any time subsequent thereto, on application made to it ..... which speaks of amount of maintenance. therefore, it can safely be said that what is implicit under section 3 is made explicit in section 23. in the instant case, while dissolving the marriage under section 13(b) of the hindu marriage act 1955, the court ordered maintenance for minors only with mutual consentaccording to ms. kamini jaiswal, learned counsel for the appellant, maintenance includes .....

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