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Search Results Judgments > 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)

... 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 ...

Jun 19 2012

Hari Kumar Vs. B. Sudha

  • Decided on : 19-Jun-2012

Court : Kerala

Reported in : 2012(3)KLT888

... on mutual consent. 5. Section 13B of the Hindu Marriage Act was inserted by the Marriage Laws (Amendment) Act, 1976 (Act 68 of 1976). Before the introduction of Section 13B in the Hindu Marriage Act, a joint petition by the husband and wife to dissolve the marriage was unknown. The Parliament thought it fit that a provision must be introduced in the Hindu Marriage Act to enable the parties ... the petition are true. 6. Similar provision as Section 13B of the Hindu Marriage Act was introduced as Section 10A in the Divorce Act and Section 28 in the Special marriage Act. 7. Section 23 of the Hindu Marriage Act provides for a decree in the proceedings. It is provided in clause (bb) of sub-section (1) of Section 23 that the Court must be satisfied that ... respondent. By Act 68 of 1976, for the words the petition. The words the petition (not being a petition presented under section 11) were substituted. Going by clause (bb) and clause (c) of sub-section (1) of Section 23 of the Hindu Marriage Act, even an application under Section 23 of the Hindu Marriage Act, even an application under Section 13B of the Hindu marriage Act can ... opportunity afforded to the parties to the marriage to apply for a consent decree under Section 13B of the Hindu Marriage Act would be defeated. A consent under Section 13B of the Hindu Marriage Act is a consent to do a lawful thing as provided under Section 13B, while collusion as envisaged in clause (c) of sub-section (1) of Section 23 is a consensus between ...

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 ...

Feb 22 2010

Krishna Preetha Vs. Jayan Moorkkanatt

  • Decided on : 22-Feb-2010

Court : Kerala

Reported in : 2010(2)KLT459

... divorce either under Section 13 or Section 13-B 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 13-B of the Hindu Marriage Act, 1955, for grant of ... Section 13B of the Hindu Marriage Act, Section 10A of the Divorce Act and Section 28 of the Special Marriage Act for easy reference. They read as follows:13B. of the Hindu Marriage Act 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 marriage together, whether such marriage ... the Act or on grounds not provided for in Section 13 and 13-B 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 13 ... marriage had broken down irretrievably, the same was not a ground for granting a decree of divorce either under Section 13 or Section 13-B 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 ...

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 ...

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 ...

Jun 12 2008

Principal Judge, Family Court Vs. Nil

  • Decided on : 12-Jun-2008

Court : Mumbai

Reported in : AIR2009Bom12; 2008(4)ALLMR461; 2008(4)BomCR539; (2008)110BOMLR2089; 2008(5)MhLj222

... Hindu Marriage Act, 1955 thereafter specifically provided for dissolution of marriage by a decree of divorce but only on the grounds stated in Section 13 of the Act. By virtue of subsequent events, as an exception, this strict rule was liberalised by introduction of Section 13B of the Act where it was made possible to obtain a decree of divorce by mutual consent irrespective of the grounds indicated in Section ... filed the petition under Section 13B of the Hindu Marriage Act, 1955 (hereinafter to be referred to as the Act) for a decree of divorce by mutual consent. Alongwith the petition, a separate application was filed by the parties praying that the trial court should condone the period of six months as contemplated under Section 13B(2) of the Act and instantaneous decree ... with the statutory period of six months under Section 13B(2). The legislative policy as reflected from the various provisions of the Hindu Marriage Act is to protect the institution of marriage and prevent decay of social values related to the institution of family. Of course, by amendments, the process for dissolving the marriage has been liberalised but essentially the ... jurisdiction vested in the court under Section 113 of the Civil Procedure Code, referred the matter for opinion and guidance of this Court vide his order dated 13th September, 2007 on the following questions:i) Whether the statutory waiting period of six months under Section 13B(2) of Hindu Marriage Act can be waived by the Trial Court ...

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 ...

Apr 23 1990

Sakattar Singh Vs. Raj @ Raj Rani

  • Decided on : 23-Apr-1990

Court : Madhya Pradesh

Reported in : II(1991)DMC199; 1997(1)MPLJ81

... Hindu Marriage Act, actions can be filed in the Court, either by the husband or by the wife, for restitution of conjugal rights (Section 9), for judicial separation (Section 10), for declaring a marriage null and void (Section 11), for avoiding marriage (Section 12) and for a decree of divorce (Section 13). By the Amending Act No. 68 of 1976, Section 13A and 13B have been added. Section 13B ... counsel for the respondent raised a preliminary objection that a petition under Section 13B of the Hindu Marriage Act does not lie in an appeal arising out of any petition filed under the Hindu Marriage Act. The contention is that the proceedings initiated by an application under Section 13B of the Act partake the nature of an original proceeding and can be filed only ... that a petition under Section 13B can be filed before the appellate Court hearing appeal against a decree passed on a petition under any other provision of the Hindu Marriage Act.6. For the aforesaid reasons, we sustain the preliminary objection raised by the respondent. We hold that the petition filed under Section 13B of the Hindu Marriage Act cannot be entertained. ... under the Hindu Marriage Act. The contention is that the proceedings initiated by an application under Section 13B of the Act partake the nature of an original proceeding and can be filed only in the original Court, namely, the Court of the District Judge. This order shall dispose of the preliminary objection. Under different provisions of the Hindu Marriage Act, ...

Apr 09 2010

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

  • Decided on : 09-Apr-2010

Court : Kerala

... marriage is disputed, evidence regarding performance of marriage according to Hindu rites 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 ... 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 ... 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 ...

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