Skip to content


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

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

Nov 05 2004

Smt. Uma Tiwari Vs. Vikrant Tiwari

  • Decided on : 05-Nov-2004

Court : Madhya Pradesh

Reported in : I(2005)DMC690; 2005(1)MPHT360; 2005(1)MPLJ356

... . The proposed amendment to Sections 31 and 19 of the Special Marriage Act, 1954 and the Hindu Marriage Act, 1955 respectively are based on the recommendations of the Law Commission of India and the National Commission for Women.(2) The Government has also decided to amend Section 39 of the Special Marriage Act, 1954 and Section 28 of the Hindu Marriage Act, 1955 to provide respectively that ... for divorce under Section 13 or a petition for restitution of conjugal rights under Section 9 will be maintainable at a place where wife is residing. Adverting to Section 19 of the Hindu Marriage Act, after the amendment in Section 19 of the Hindu Marriage Act, where the wife is residing, petition can be presented.6. From bare reading of Section 13B of Hindu Marriage Act it is ... Government has decided to amend the provisions of these Acts so that the wife can also file petition in the District Court within the local limits of whose jurisdiction she may be residing. The proposed amendment to Sections 31 and 19 of the Special Marriage Act, 1954 and the Hindu Marriage Act, 1955 respectively are based on the recommendations of the ... The Special Marriage Act, 1954 and the Hindu Marriage Act, 1955 provide that a petition for relief under the provisions of these Acts shall be presented to the District Court within the limits of whose original jurisdiction the marriage was solemnized or the respondent, at the time of the presentation of the petition, resided or the parties to the marriage last resided ...

Sep 19 2007

Smt. Anamika Shrivastava Vs. Vivek Shrivastava

  • Decided on : 19-Sep-2007

Court : Madhya Pradesh

Reported in : 2007(4)MPHT374; 2007(4)MPLJ1

... months as indicated under Section 13B of the Hindu Marriage Act is not statutory and mandatory condition, in a given case where the parties pray for dissolution of the marriage and when the marriage has broken down and there is no possibility of any reconciliation, decree of dissolution can be passed under Section 13B of the Hindu Marriage Act even before the ... under Section 13B of the Hindu Marriage Act for consideration on the ground that the period of six months as contemplated under the said section is not over.2. Proceedings before the Family Court, Gwalior have been initiated by the parties concerned by filing an application under Section 13B of the Hindu Marriage Act and they have sought dissolution of marriage on ... Court was right in postponing decision on the application filed under Section 13B of the Hindu Marriage Act to be decided after six months or application should be taken up for disposal immediately and the period of six month as contemplated under Section 13B of the Hindu Marriage Act can be waived. This question has been considered by Andhra Pradesh ... marriage. It was stated that their marriage has broken down, there is no chance of reconciliation and therefore, the marriage be dissolved. However, the matter was adjourned for today for considering the legal question as to whether the marriage can be directed to be dissolved by way of mutual consent under Section 13B of the Hindu Marriage Act even before the period of six months contemplated under Sub-section ...

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