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Judgment Search Results Home  Phrase:hindu marriage act 1955 1955 section 13b

May 23 2003

Sri Chandra Nath Sadhu and Ors. Vs. The State of West Bengal and Ors.

  • Decided on : 23-May-2003

Court : Kolkata

Reported in : (2003)3CALLT1(HC),I(2004)DMC359

... Section 13B of the Hindu Marriage Act, 1955 is a special law laying down the provisions for divorce by mutual consent. This section has nothing to do with the adoption of a child born out of the wed-lock between the parties who presented the application under Section 13B of the Hindu Marriage Act, 1955. The petition under Section 13B of the Hindu Marriage Act, 1955 may ... section has nothing to do with the adoption of a child born out of the wed-lock between the parties who presented the application under Section 13B of the Hindu Marriage Act, 1955. The petition under Section 13B of the Hindu Marriage Act, 1955 may contain many statements which are not relevant for the purpose of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 ... No. 4 and the respondent No. 5 jointly presented a petition under Section 13B of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce by mutual consent.7. Paragraph 9 of the aforesaid petition under Section 13B of the Hindu Marriage Act, 1955 reads as follows:'That the petitioner and the co-petitioner both have resolved ... Section 13B of Hindu Marriage Act is allowed on consent. The marriage solemnised by and between the parties as per Hindu rites and customs on 5.2.1996 is hereby dissolved by a decree of divorce on consent. Dictated & corrected by me. Sd/- S.K. DattaDistrict Judge, Hooghly. Sd/- S.K, Datta District Judge, Hooghly'. In the application under Section 13B of the Hindu Marriage Act, 1955 ...

Sep 01 2009

Anil Kumar Jain Vs. Maya Jain

  • Decided on : 01-Sep-2009

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)

... 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 Section 13B of the Hindu Marriage Act, 1955, in respect of the marriage solemnized between the parties on 22nd June, 1985, according to Hindu rites and customs and the said marriage ... marriage had broken down irretrievably, the same was not a ground for granting a decree of divorce either under Section 13 or Section 13B of the Hindu Marriage Act, 1955.17. In the ultimate analysis the aforesaid discussion throws up two propositions. The first proposition is that although irretrievable break-down of marriage is not one of the grounds indicated whether under Sections 13 or 13B of the Hindu Marriage Act, 1955 ... the Act or on grounds not provided for in Section 13 and 13B of the Hindu Marriage Act, 1955.18. 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 ... petition for divorce under Section 13B of the Hindu Marriage Act, 1955, (hereinafter referred to as 'the Act') on 4th September, 2004, in the District Court at Chhindwara. The same was registered as Civil Suit No. 167-A of 2004. As required under the provisions of Section 13B of the aforesaid Act, the learned Second Additional District ...

Mar 27 2008

Miten S/o Shyamsunder Mohota (Goidani) and Anr. Vs. Union of India (UO ...

  • Decided on : 27-Mar-2008

Court : Mumbai

Reported in : 2008(3)ALLMR507; 2008(6)BomCR124; 2008(5)MhLj27

... .J.1. Simple but a pertinent question of law challenging the constitutional validity of provisions of Section 13B of Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') insofar as it relates to the prerequisite period of separation for one year for institution of petition under Section 13B of the Act, as mandatory and also on the ground that it is arbitrary and has no nexus ... , 2007 reads as under:On insistence of Shri Nitish Bhutekar, Advocate, following order is passed.The petition is filed under Section 13B of the Hindu Marriage Act, 1955, although the marriage took place on 29th April, 2007 i.e. only six months back. Section 13B does not allow the parties to come to the Court for divorce by mutual consent unless they complete one year ... very institution of marriage itself. See in this connection Mulla's Hindu Law - 15th Edn. p. 567 - Para 443. There are sufficient safeguards in Section 9 to prevent it from being a tyranny. The importance of the concept of conjugal rights can be viewed in the light of Law Commission - 71st Report on the Hindu Marriage Act, 1955 - 'Irretrievable Breakdown of Marriage as a ... are sufficient safeguards in Section 9 to prevent it from being a tyranny. The importance of the concept of conjugal rights can be viewed in the light of Law Commission - 71st Report on the Hindu Marriage Act, 1955 - 'Irretrievable Breakdown of Marriage as a Ground of Divorce. Para 6.5 where it is stated thus--Moreover, the essence of marriage is a sharing of ...

Mar 26 2008

In Re: Subhasree Datta and Anr.

  • Decided on : 26-Mar-2008

Court : Kolkata

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

... 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 a petition for divorce by mutual consent under Section 13B of the said Act ... 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 order to support their contention of foreign assignment, and(b) Mutual consent petition for divorce under Section 13B of the Hindu Marriage Act, 1955 ... Section 13B of the Hindu Marriage Act, 1955, (hereinafter referred to as the 'said Act') praying, inter alia, that the appeal be converted into a petition for divorce by mutual consent under Section 13B of the said Act and that the waiting period of six months mentioned in Sub-section 2 thereof be waived and a decree of divorce be passed immediately, dissolving the marriage ...

Jan 08 1992

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

  • Decided on : 08-Jan-1992

Court : Mumbai

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

... respondent. 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 ... 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 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 ... as per section 13B of the Hindu Marriage Act the Judge has to satisfy himself after making proper enquiry that the marriage has been solemnised and the averments made in the petition were true and that the parties have been living separately for a period of one year and they have not been able to live together and they have mutually agreed that the marriage should ... have not been able to live together and they have mutually agreed that the marriage should be dissolved. I am more than convinced that the learned trial Judge had not at all applied his mind as to his satisfaction of the requirement of Section 13B of the Hindu Marriage Act as the petition itself-shows in para 2 that it was the case of ...

Nov 25 1987

N.G. Rama Prasad Vs. B.C. Vanamala

  • Decided on : 25-Nov-1987

Court : Karnataka

Reported in : AIR1988Kant162; ILR1988KAR142; 1988(1)KarLJ30

... Rama Jois, J.1. In this Miscellaneous Appeal, arising under the provisions of the Hindu Marriage Act, 1955, the following question of law arises for consideration :Whether the Court before which a petition under Section 13B of the Hindu Marriage Act 1955 seeking decree of divorce by consent is presented can proceed to consider the petition on merits, after the expiry of six months from the date of presentation, if ... on merits?2. The facts of the -case, in brief, are as follows.: The marriage between the appellant and the respondent took place on 22-2-1981. An application was made before the Court of the City Civil Judge, Bangalore on 7-8-1985 under Section 13B of the Hindu Marriage Act, 1955 (the Act' for short). It was registered as M.C. No. 210/85. No steps ... under Section 13B of the Hindu Marriage Act, 1955 (the Act' for short). It was registered as M.C. No. 210/85. No steps were taken by both the parties for the disposal of the petition which they could have done after the expiry of six months from the date of presentation of the petition and before the expiry of 12 months thereafter, in view of -sub-section ... the Hindu Marriage Act, 1955 (the Act' for short). It was registered as M.C. No. 210/85. No steps were taken by both the parties for the disposal of the petition which they could have done after the expiry of six months from the date of presentation of the petition and before the expiry of 12 months thereafter, in view of -sub-section (2) of Section 13B ...

Apr 18 2001

Rajesh Lakhotia Vs. Smita Lakhotia

  • Decided on : 18-Apr-2001

Court : Kolkata

Reported in : (2001)2CALLT311(HC),2001(2)CHN697,II(2001)DMC624

... section 13B of the Hindu Marriage Act. 1955, on the basis of the petition jointly filed by the parties without waiting for the period of six months mentioned in section 13B(2) of the said Act.4. In support of his submission regarding conversion of the matrimonial proceedings from one under section 13 of the Hindu Marriage Act, 1955, to one under section 13B of the said Act ... Hindu Marriage Act, 1955, to one under section 13B of the said Act, Mr. Sen firstly referred to a decision of the Hon'ble Supreme Court in the case of Shashi Garg (Smt.) v. Arun Garg, reported in : (1997)7SCC565 , wherein a petition for dissolution of marriage under section 13(1)(a) of the Hindu Marriage Act, 1955, was allowed by the Hon'ble Supreme Court to be converted into a proceeding under section 13B ... under section 13 of the Hindu Marriage Act, 1955, to one under section 13B of the said Act, Mr. Sen firstly referred to a decision of the Hon'ble Supreme Court in the case of Shashi Garg (Smt.) v. Arun Garg, reported in : (1997)7SCC565 , wherein a petition for dissolution of marriage under section 13(1)(a) of the Hindu Marriage Act, 1955, was ... ' petition under section 13 of the Hindu Marriage Act, 1955 for dissolution of his marriage with the respondent. While the appeal was pending hearing, the parties jointly filed an application under section 13B of the aforesaid Act praying, inter alia, that the appeal be converted into a petition for divorce by mutual consent under section 13B of the above Act and that ...

Apr 25 2007

Smt. Sadhna Gupta and Sri Kanhai Lal Gupta Vs. The State of Jharkhand

  • Decided on : 25-Apr-2007

Court : Jharkhand

Reported in : AIR2007Jhar96; 2007(2)BLJR1830; I(2008)DMC154; [2007(3)JCR38(Jhr)]

... relationship by mutual consent. For that they filed a petition under Section 13B of the Hindu Marriage Act, 1955 which has been rejected by the court below by passing the impugned order on the ground, inter alia, that there was unnecessary delay in filing the application under Section 13B of the Act. The operative portion of the impugned order reads as under:Besides that ... Jamshedpur in Matrimonial Suit No. 104/2006 whereby he has rejected the application filed by both the appellants under Section 13B of the Hindu Marriage Act, 1955 for dissolution of marriage by mutual consent of both the husband and the wife.2. The marriage between the parties was solemnized on 23.1.1988 at Sidgora, Jamshedpur. They lived together as husband and wife ... Hindu Marriage Act, 1955 which has been rejected by the court below by passing the impugned order on the ground, inter alia, that there was unnecessary delay in filing the application under Section 13B of the Act. The operative portion of the impugned order reads as under:Besides that, I find that there has been unnecessary delay in presenting this petition. According to Clause (d) of Sub-section ... . The application for dissolution of marriage by mutual consent is, therefore, has to be allowed.5. In the aforesaid premises, this appeal is allowed and the impugned order is set aside. The matter is remitted back to the Family Court, Jamshedpur to dispose of the application filed under Section 13B of the Hindu Marriage Act in accordance with law within ...

Aug 18 1994

Mona Jain Vs. Sanjeev Jain

  • Decided on : 18-Aug-1994

Court : Punjab and Haryana

Reported in : (1995)110PLR568

... the facts of the case, it appears to be proper to dissolve the marriage by passing a decree for divorce under Section 13B of the Hindu Marriage Act, 1955. In the peculiar facts of the case, the statutory period of six months as provided under Section 13B(2) of the Act is dispensed with.3. Accordingly, the marriage between Smt. Mona Jain and Mr. Sanjeev Jain is dissolved by a decree ... of the Addl. District Judge, Chandigarh has become infructuous and shall be deemed to have been dismissed as such.4. The office is directed to register the petition under Section 13B of the Hindu Marriage Act, 1955 as civil misc. application and a decree for divorce in the above terms shall be passed. In the circumstances of the case, there will be no order as to ... 9,1990. They have been staying apart since July 27, 1991. Efforts to persuade them to stay together have not yielded any fruitful result. Their attitude clearly shows that the marriage between them has irretrievably broken down. Both of them are young and no useful purpose would be served by allowing them to continue with the protracted litigation.2. During the ...

Sep 24 2008

Girdhari Maheshwari and Anr. Vs. Nil

  • Decided on : 24-Sep-2008

Court : Rajasthan

Reported in : AIR2009Raj38; 2009(1)WLN373

... section (2) of Section 13B of the Hindu Marriage Act, 1955, as a last hope of re-union of two parties to marriage placed a restriction against passing divorce decree forthwith on the basis of mere consent of the parties. The consent of parties to marriage otherwise was sufficient for passing the decree for divorce as per Sub-section (1) of Section 13B of the Act of 1955 ... period of six months under Section 13B(3) of the Act of 1955. In view of the very peculiar facts of the cases, we would like to look again into the law on marriage in Hindu community as both the parties are governed by the Hindu law. Before coming into force the Hindu Marriage Act, 1955, the subject of Hindu Marriage the Hindus was governed by ... yet has not been accepted in Hindu Law, either under old Hindu law or in modern Hindu Law. Under modern Hindu Law, under the Hindu Marriage Act 1955, even after making provision for divorce by mutual consent by enacting Section 13B, the legislature did not allow parties to marriage to seek divorce before one year of their marriage. Whether this waiting period of one ... marriage for short period and divorce for asking may have been accepted in some other laws particularly in western culture but yet has not been accepted in Hindu Law, either under old Hindu law or in modern Hindu Law. Under modern Hindu Law, under the Hindu Marriage Act 1955, even after making provision for divorce by mutual consent by enacting Section 13B, the legislature did not allow parties to marriage ...

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