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

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)

..... 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

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

  • Decided on : 08-Jan-1992

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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Jun 05 2008

Mr. Sanjay Pahariya Vs. Ms. Smruti Pahariya

  • Decided on : 05-Jun-2008

Court : Mumbai

Reported in : 2008(4)BomCR556; (2008)110BOMLR1950; 2008(5)MhLj455

..... convenience, we shall refer to the appellant as 'the husband' and the respondent as 'the wife'. they filed the aforesaid petition for divorce by mutual consent under section 13b of the hindu marriage act, 1955 (for short, 'the said act') in the family court at bandra, mumbai. 3. the case of the husband and the wife, as stated in the petition, is that they are hindus and ..... respondent wants to challenge our judgment in the supreme court. on 5/6/08 our attention was drawn by learned counsel for the respondent to section 22 of the hindu marriage act, which says that proceedings under the hindu marriage act should be held in camera and any matter in relation to such proceedings may not be printed or published except judgment of the high court or ..... are governed by the provisions of the said act. they got married on 5/3/1993 at mumbai as per hindu vedic rites. the said marriage was registered with the registrar of marriages ..... ashok hurra's case (supra) the marriage between the appellanthusband and the respondentwife was solemnized on 3/12/1970 according to the hindu rites. on account of differences, they could not stay together. from 30/6/1983, they started staying separately. on 21/8/1984, a joint petition for divorce was filed under section 13b of the said act. both of them appeared before the .....

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Aug 03 2007

Sau. Sonali W/o Manishkumar Chandak and Manishkumar S/o Jugalkishorji ...

  • Decided on : 03-Aug-2007

Court : Mumbai

Reported in : 2008(1)ALLMR227; 2007(5)BomCR47; (2007)109BOMLR1698; 2007(5)MhLj615

..... broke down irretrievably and since january 2006 they are living separately. all efforts for reconciliation have failed. both the petitioners have filed a petition for divorce by mutual consent under section 13b of hindu marriage act, 1955 before the family court at nagpur, on 3.5.2007. on certain consent terms, after filing of the petition, the conciliator, family court, nagpur, interviewed both the petitioners in ..... exemption for waiving the period of six months for divorce by mutual consent is allowed and the marriage solemnized between sonali w/o manishkumar chandak and manishkumar s/o jugalkishor chandak on 31.5.2001 is dissolved by a decree under section 13b(2) of the hindu marriage act, 1955 with effect from 03.08.2007. rule made absolute in terms of prayer clause a, b & c ..... of being re-married, filed an application ex.7 on affidavit sworn by both the petitioners with a prayer to waive the statutory period of six months prescribed under section 13b(2) of the hindu marriage act and for passing the decree by mutual consent. the learned family court rejected the said application. 4. arguments:mr. kasat, learned counsel for the petitioners, contended that at ..... . this petition is taken up for final disposal as per the request made by the counsel for the petitioners. 2. by the present petition, order dated 25.6.2007 in hindu marriage petition no. f-87/2007 below ex.7 passed by family court no. 2, nagpur, is impugned. 3. facts:petitioners no. 1 and 2 were married on 31.5.2001 .....

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May 12 2005

In Re: Smt. Rupali Singh and Anr.

  • Decided on : 12-May-2005

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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Jan 27 2009

Aparna Goyal Vs. Rakesh Goyal

  • Decided on : 27-Jan-2009

Court : Supreme Court of India

Reported in : AIR2009SC1836; 2009(2)AWC1694(SC); 2009(2)BomCR52; 2009(2)SCALE71; (2009)12SCC648:2009AIRSCW1447:2009(1)SCR662:2009(2)JT97

..... by the husband seeking divorce pending before district judge, muktsar, punjab stands disposed of.3. in hma no. 37/2006 the divorce by mutual consent be passed in terms of section 13b(1) and 13b(2) of the hindu marriage act, 1955 by dissolving the marriage between the husband rakesh and aparna goyal, the wife in terms of this order.4. the petitions are accordingly disposed of. ..... . a sum of rs. 10,00,000/- has been agreed to be paid by the husband to the wife in full and final settlement of her claims relating to the marriage. a sum of rs. 10 lacs by way of draft drawn in the favour of registrar-general of this court has been presented. the special leave petitions and transfer petition ..... . (2) in view of the agreement, proceedings in case no. 259/2003 pending before learned metropolitan magistrate, new delhi, patiala house court and case no. 1011/1/2003 filed under section 125 of the code of criminal procedure, 1973 (in short the `code') (the aforesaid two cases were filed by smt. aparna goyal, the wife) and hma no. 37/2006 filed .....

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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

..... .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

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

  • Decided on : 09-Apr-2010

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

Smruti Pahariya Vs. Sanjay Pahariya

  • Decided on : 11-May-2009

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

Smt. Rachna Jain Vs. Shri Neeraj Jain

  • Decided on : 25-May-2005

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 ..... 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 cpc for converting ..... 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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