Skip to content

Filter by :

Search Results Judgments > Act:HINDU MARRIAGE ACT, 1955 1955 Section 13B

Mar 22 2005

In Re: Ms. Anita Sharma and Shri Harish Kumar Sharma

  • Decided on : 22-Mar-2005

Court : Delhi

Reported in : AIR2005Delhi365; 119(2005)DLT483; I(2005)DMC857

... for divorce by mutual consent on 15th December 2004 under Section 13B(1) of the Act. The impugned order dated 17th January 2005 declined to waive the statutory period of 6 months prescribed under Section 13B(2) of the Hindu Marriage Act which reads as under:13B. Divorce by mutual consent - (1) x x x x x ... District Judge which declined the joint prayer made by the parties to waive the period of six months prescribed under Section 13B(2) of the Hindu Marriage Act(hereinafter referred to as the `Act').3. The marriage between the petitioner/wife and the respondent husband who are both Hindus, was solemnized on 20th November 1999. ... 6 months provided under Section 13B(2) is directory and not mandatory and the following position of law was laid down:-13. The next question is whether the requirement under S. 13B of the Hindu Marriage Act has to be considered as mandatory or directory. The words used in the Section shall have to ... Section 13B(2) of the Hindu Marriage Act which reads as under:13B. Divorce by mutual consent - (1) x x x x x x x x (2) On the motion of both parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section(1 ... Section 13B(2), reliance was placed on the position of law laid down in the following judgments (a) Andhra Pradesh High Court in K. Omprakash v. K. Nalini reported as AIR 1986 AP 167 wherein it was held as under:'10. For all the above reasons, we are of the opinion that S. 13B(2) of the Hindu Marriage Act ...

Feb 12 2008

Parshotam Lal Vs. Surjeet Kaur

  • Decided on : 12-Feb-2008

Court : Delhi

Reported in : 149(2008)DLT776; II(2008)DMC253; 2008(103)DRJ416; (2008)151PLR24

... the second motion as envisaged under Section 13B(2) of the Hindu Marriage Act. The said waiver application moved by the parties was allowed and on the second motion respective statements of the parties were recorded and the matter was heard by learned Trial Court where after order under Section 13B(2) of Hindu Marriage Act was passed thereby dissolving the marriage between the parties by ... divorce granted by the Trial Court by mutual consent under Section 13B(2) of the Hindu Marriage Act is under challenge in the present appeal. 2. Brief facts for deciding the present appeal inter-alia are that the appellant husband and the respondent wife jointly filed a petition under Section 13B(1) of the Hindu Marriage Act on 4th August, 2007 and the said petition ... recording statement of the parties and first motion as envisaged under Section 13B(1) HMA Act was allowed. Thereafter the parties had moved application under Section 151 CPC seeking waiver of six months period so as to enable them to file the second motion as envisaged under Section 13B(2) of the Hindu Marriage Act. The said waiver application moved by the parties was ... under Section 13B(1) of the Hindu Marriage Act on 4th August, 2007 and the said petition was registered as HMA case No. 656/2007. The learned Trial Court heard both the parties on the same date after recording statement of the parties and first motion as envisaged under Section 13B(1) HMA Act was allowed. Thereafter the parties had moved application under Section ...

May 18 2005

Sh. Deepak Bhatti Vs. Ms. Bhawna Bhatti

  • Decided on : 18-May-2005

Court : Delhi

Reported in : 120(2005)DLT520; 2005(82)DRJ556

... the application for divorce by mutual consent on 3rd March, 2005 under Section 13B(1) of the Act. The impugned order dated 3rd May, 2005 declined to propone the hearing of 30th May, 2005 and to waive the statutory period of 6 months prescribed under Section 13B(2) of the Hindu Marriage Act which reads as under:'13B. Divorce by mutual consent -(1) x x x xx x x ... Judge which declined the proponement prayer made by the parties and failed to consider the request to waive the period of six months prescribed under Section 13B(2) of the Hindu Marriage Act (hereinafter referred to as the `Act').3. The marriage between the petitioner/husband and the respondent/wife, who are both Hindus, was solemnized on 16th February, 1997. The parties separated in January, 2004 and ... was held that the period of 6 months provided under Section 13B(2) is directory and not mandatory and the following position of law was laid down:-'13. The next question is whether the requirement under S. 13B of the Hindu Marriage Act has to be considered as mandatory or directory. The words used in the Section shall have to be read in the context in which ... the statutory period of 6 months prescribed under Section 13B(2) of the Hindu Marriage Act which reads as under:'13B. Divorce by mutual consent -(1) x x x xx x x x(2) On the motion of both parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section(1) and not later than eighteen months ...

Feb 25 2010

Saumya Ann Thomas Vs. Union of India (UOI)

  • Decided on : 25-Feb-2010

Court : Kerala

Reported in : 2010(1)KLT869

... Indian civil laws are members of the classified group to whom this law is expected to cater. Section 28 of the Special Marriage Act, Section 13B of the Hindu Marriage Act, Section 32B of the Parsi Marriage and Divorce Act and Section 10A of the Divorce Act are all attempts of the Legislature to make the law of divorce by mutual consent applicable to ... under Section 28 of the Special Marriage Act, and Hindus to whom Section 13B of the Hindu Marriage Act and Parsis to whom Section 32B of the Parsi Marriage and Divorce Act, there is no justification constitutionally acceptable for insisting on a different longer period of mandatory minimum separate residence so far as the Christians to whom Section 10A of the Divorce Act applies, ... the marriage to be dissolved with effect from the date of decree.(emphasis supplied)The provision is in substance a verbatim reproduction of the provision in Section 13B of the Hindu Marriage Act, Section 32B of the Parsi Marriage and Divorce Act and Section 28 of the Special Marriage Act. The only difference is that instead of the period of two years mentioned in Section ... marriage has been solemnised and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of decree.(emphasis supplied)The provision is in substance a verbatim reproduction of the provision in Section 13B of the Hindu Marriage Act, Section 32B of the Parsi Marriage and Divorce Act and Section 28 of the Special Marriage Act ...

Mar 21 1994

Lalit Kumar alias Manga Vs. Smt. Sushma Sharma

  • Decided on : 21-Mar-1994

Court : Punjab and Haryana

Reported in : (1995)109PLR255

... divorce from each other by mutual consent by dissolving their marriage by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act. Time was given to the parties to consider this aspect more rationally.4. Today a joint application has been moved by the parties under Section 13B of the Hindu Marriage Act, praying that the marriage between the parties be dissolved by a decree of divorce ... submitted that it was a case of broken marriage and there was no likelihood of the matrimonial bondage continuing any more. The parties showed the desire that they are ready to get the divorce from each other by mutual consent by dissolving their marriage by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act. Time was given to the parties to ... a fit case in which waiting period of six months as required under Section 13B of the Act may be dispensed with and the parties be granted divorce by mutual consent immediately.7. Taking into consideration the above facts, the contents of the application and the statements of the parties, the marriage between the parties is hereby dissolved by decree of divorce by mutual ... of action in life. I entertained this application myself under Section 13B of the Act. Office is directed to register the same.6. Under the peculiar facts of the case, I am of the opinion that it is a fit case in which waiting period of six months as required under Section 13B of the Act may be dispensed with and the parties be granted ...

Jan 24 2008

Dr. Deepak Sharma Vs. Smt. Vineeta Sharma (nee Dubey)

  • Decided on : 24-Jan-2008

Court : Kolkata

Reported in : AIR2008Cal55,(2008)1CALLT324(HC),2008(3)CHN440

... the Court should not record its satisfaction as envisaged in Section 13B(2) of the Hindu Marriage Act and to pass a decree for divorce thereon. Incidentally it may be noted here that the provisions contained in Section 28 of the Special Marriage Act is pari materia with the provision contained in Section 13B of the Hindu Marriage Act.20. Considering the aforesaid decisions of our High Court as ... in Section 13B of the Hindu Marriage Act.20. Considering the aforesaid decisions of our High Court as well as of the Delhi High Court, this Court, thus, holds that the personal presence of the parties before the learned Court at the time of moving the joint petition for divorce for the second time under Section 28(2) of the Special Marriage Act, is ... Marriage Act is pari materia with the provision contained in Section 13B of the Hindu Marriage Act.20. Considering the aforesaid decisions of our High Court as well as of the Delhi High Court, this Court, thus, holds that the personal presence of the parties before the learned Court at the time of moving the joint petition for divorce for the second time under Section ... marriage and that they have been living separately and have not been able to live together for the prescribed period, then there cannot be any reason as to why the Court should not record its satisfaction as envisaged in Section 13B(2) of the Hindu Marriage Act and to pass a decree for divorce thereon. Incidentally it may be noted here that the provisions contained in Section ...

May 31 2007

Manish Bajaj Vs. The State

  • Decided on : 31-May-2007

Court : Delhi

Reported in : 2008CriLJ2635; II(2007)DMC408

... to the complainant. When the first application under Section 439(2) was moved, the petitioner expressed his willingness to adhere to the terms of the agreement, but according to the provision of Section 13B, Hindu Marriage Act. When the period, according to that provision expired, he resoled, and refused to honour his word. He now seeks intervention under Section 482 Cr.P.C. after the the Court ... to cooperate in the signing of the joint petition for mutual consent divorce under Section 13B of the Hindu Marriage Act. Apparently, this did not meet with any success. thereforee, the complainant applied to the Court on 14.09.04 for cancellation of bail granted earlier. 6. In the application under Section 439(2) Cr.P.C., the contention sought to be raised by the petitioner ... 04 for cancellation of bail granted earlier. 6. In the application under Section 439(2) Cr.P.C., the contention sought to be raised by the petitioner, inter alia, was that the time for effecting the compromise had not matured, in the sense, that one year period stipulated under Section 13B of HMA had not elapsed. This is apparent from the following ... . He submitted that the learned Judge who proceed and issued the impugned order acted improperly. In this case, he relied upon Vikramjit Singh v. State of Madhya Pradesh : 1992CriLJ516 . It was contended that the learned Judge who earlier had the occasion to deal with the application under Section 439(2) was available when a similar request was made and propriety demanded ...

Aug 01 2007

Smt. Sweety E.M. W/o Sri Sunil Kumar K.B. Vs. Sri Sunil Kumar K.B. S/o ...

  • Decided on : 01-Aug-2007

Court : Karnataka

Reported in : AIR2008Kant1; ILR2007KAR3837; 2007(6)KarLJ244

... Section 14(1) of the Hindu Marriage Act (for short 'the Act') seeking exemption in filing the consent petition under Section 13B of the Act within one year of the marriage.2. Smt Sweety E.M. w/o Sri Sunil Kumar K.B. and Sri Sunil Kumar K.B. filed a petition under Section 13-B of the Act r/w Section 7 of the Family Court's Act ... Hindu Marriage Act (for short 'the Act') seeking exemption in filing the consent petition under Section 13B of the Act within one year of the marriage.2. Smt Sweety E.M. w/o Sri Sunil Kumar K.B. and Sri Sunil Kumar K.B. filed a petition under Section 13-B of the Act r/w Section 7 of the Family Court's Act 1984 seeking dissolution of their marriage ... Section 13-B of the Act r/w Section 7 of the Family Court's Act 1984 seeking dissolution of their marriage by mutual consent. Since the petition was filed prior to the expiry of one year from the date of the marriage i.e., 31-10-2006, both the petitioner and respondents filed an application under Section 14(1) of the Act ... marriage.2. Smt Sweety E.M. w/o Sri Sunil Kumar K.B. and Sri Sunil Kumar K.B. filed a petition under Section 13-B of the Act r/w Section 7 of the Family Court's Act 1984 seeking dissolution of their marriage by mutual consent. Since the petition was filed prior to the expiry of one year from the date of the marriage ...

Jun 26 2008

Smt. Soma Chowdhury (Sarkar) Vs. Sri Pradip Kumar Chowdhury

  • Decided on : 26-Jun-2008

Court : Kolkata

Reported in : AIR2009Cal63

... concession of the parties granted the decree for divorce. The law does not permit for passing of decree for divorce on concession except in the manner as provided in Section 13B of the Hindu Marriage Act. Therefore, the entire procedure adopted by the learned Trial Judge was illegal. We also do not approve the conduct of the learned Trial Judge compelling the witnesses to sign ... an application under Section 24 of the Hindu Marriage Act, without disposing of the said application by the wife, granted the main relief claimed in the suit, i.e. the decree of divorce itself, although in the suit, the wife was yet to file the written statement and the date was fixed for hearing of the application under Section 24 of the Act. In view of ... . We, thus, set aside the judgment and decree passed by the learned Trial Judge, and direct him to proceed from the stage of hearing of the application under Section 24 of the Hindu Marriage Act. The husband is directed to file written objection to such application within three weeks from today. Having regard to the fact that the husband is an employee of the ... dispensing with the necessity of filing the formal paper books.3. We find that after the filing of the suit by the husband, the wife filed an application under Section 24 of the Act giving rise to a Miscellaneous Case thereby praying for alimony pendente lite at the rate of Rs. 8,000/- a month on which the Court issued notice upon ...

Jul 03 2003

Anant s/o Ramchandra Pundlik and Ors. Vs. State of Maharashtra and Ors ...

  • Decided on : 03-Jul-2003

Court : Mumbai

Reported in : I(2004)DMC36; 2004(1)MhLj831

... was made in HMP No. A-482 of 2001 for conversion of the petition under Sections 12 and 13(1)(i-a) of the Hindu Marriage Act into a petition for grant of divorce by mutual consent under Section 13-B of Hindu Marriage Act. In the said application, the parties laid down the terms of compromise. One of ... the applicants came to be arrayed in Crime No. 331 of 2001 registered by Sitaburdi Police Station, Nagpur, for the alleged offence under Sections 498A and 420 read with Section 34 of the Indian Penal Code. The said crime was registered on a complaint lodged by the present Non-applicant No. 3 ... and Anr., reported in : 2003CriLJ2028 , in which the Apex Court has laid down that powers of the High Court under Section 482 of the Criminal Procedure Code are not limited by provisions of Section 320 of the Criminal Procedure Code. The Apex Court in the said case laid down that it is the ... Heard the learned advocates for the parties.2. Rule. By consent of the parties, rule is made returnable forthwith.3. This is a criminal application filed under Section 482 of the Criminal Procedure Code for quashing Criminal Case No. 201 of 2001 pending before the IInd Judicial Magistrate First Class, Nagpur, and for ... that the wife would give her no objection for quashing the Criminal Case and would not prosecute the same.5. Thereafter, since the offence under Section 498A of Indian Penal Code could not be compounded, the parties have thought it fit to move the present application. Reliance is placed upon a ...

Get Latest cases on this phrase via RSS

RSS feed
Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //