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Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 1955 section 13b Page 1 of about 49,943 results (0.499 seconds)

Sep 01 2009 (SC)

Anil Kumar JaIn Vs. Maya Jain

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 (HC)

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

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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Mar 23 1995 (HC)

M. Sailaja and Another

Court : Andhra Pradesh

Reported in : AIR1995AP325; 1995(2)ALT166

..... with the submission of the learned counsel for the appellants. the division bench then held: the trial court has no power to alter the statutory time limit enacted in section 13b(2) of the hindu marriage act, 1955. it is well settled that when a statute ordains a particular procedure prescribing a certain time limit, the court is bound to comply with the same; by resorting ..... for a period of more than two years and that there is no possibility of their reunion.2. in view of the time limit set out in subsection (2) of section 13b of the hindu marriage act, 1955, hereinafter referred to as 'the act', the learned iii-addl. judge, city civil court, hyderabad, fixed the date of appearance of the parties to 5-6 ..... to an intefpretative process, the object of the statute cannot be defeated. the reason for prescribing the time-limit in sub-section (2) of section 13b is to enable the parties to have ..... -1955, i.e., after the expiry of six months. an application was filed to dispense with the observance of statutory period of six months for disposing of the original petition. as .....

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May 12 2005 (HC)

In Re: Smt. Rupali Singh and anr.

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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Jul 04 2007 (HC)

Rekharani Vs. Prabhu

Court : Kerala

Reported in : I(2008)DMC235

..... given consent for a divorce. it is also contended that the procedural requirements have not been satisfied. hence the appeal.3. section 13b of the hindu marriage act, 1955 reads as follows:13b. 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 ..... kurian joseph, j.1. whether a power of attorney holder is entitled to present a petition for dissolution of marriage by a decree of divorce by mutual consent under section 13b of the hindu marriage act, 1955 is the interesting question arising for consideration in this case. the marriage between the appellant and the respondent was duly solemnized on 29.10.2001, after three years, on the grounds of ..... illicit relationship with another person, and cruelty, the appellant filed o.p. (hmahmahma) no. 1470/04 before the family court .....

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Dec 10 1999 (SC)

Kiran Vs. Sharad Dutt

Court : Supreme Court of India

Reported in : II(2000)DMC503SC; JT2000(1)SC532; (2000)10SCC243

..... our power under article 142 of the constitution of india accept the consent terms filed by the parties and direct that a decree for divorce by mutual consent under section 13b of the hindu marriage act, 1955 be passed in this case. the agreement regarding payment of permanent alimony and monthly maintenance as laid down in paragraph 2(a) to (d) shall form part of the ..... allowed in terms of para 3 of the i.a. we grant amendment to the divorce petition by treating it to be one under section 13b of the hindu marriage act, 1955. the proceedings between the husband and wife for dissolution of marriage are pending since 11 years. on the fact of the case, there is no necessity to further delay the passing of the decree for ..... marriage between the first cousins would no longer survive. the prayer in i.a. no.3 of 1999 for permitting ..... to eye and live together. they are not blessed with any child. therefore, the prayer in original hindu marriage petition no.584 of 1988 which was for divorce on the ground of alleged desertion and cruelty by wife and also under section 11 of the hindu marriage act wherein the respondent-husband sought a decree for nullity on the ground that there was no custom of .....

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Mar 26 2008 (HC)

In Re: Subhasree Datta and anr.

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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May 23 2003 (HC)

Sri Chandra Nath Sadhu and ors. Vs. the State of West Bengal and ors.

Court : Kolkata

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

..... statements which are not relevant for the purpose of divorce by mutual consent under section 13b of the hindu marriage act, 1955. nothing has been stated in the order no. 4 dated 13.12.2001 ..... the view that 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 contain many ..... more. the respondent 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 that the co- ..... no. 2.14. this court is unable to accept the argument of the learned advocate for the writ petitioners. neither paragraph 9 of the petition under section 13b of the hindu marriage act, 1955 nor the order no. 4 dated 13.12.2001 passed by the learned district judge, hooghly in mat suit no. 300 of 2000 takes away the .....

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Apr 09 2010 (HC)

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

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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Jun 05 2008 (HC)

Mr. Sanjay Pahariya Vs. Ms. Smruti Pahariya

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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