Court : Punjab and Haryana
Reported in : II(1999)DMC18
..... the question that arises for consideration is as to whether court would be justified in passing a decree of divorce by mutual consent after the request has already been made for converting the original petition filed under section 13 of the act to one under section 13-b of the hindu marriage act. ..... a joint application was presented by the parties for permitting them to convert the petition filed under section 13 of the hindu marriage act to be one under section 13-b of the said act. ..... the appellant had filed a petition under section 13 of the hindu marriage act (hereinafter described as the 'acts') alleging that after one month of the marriage, the respondent started compelling him to have a separate residence and start his own independent business. ..... 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 was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the ..... attar singh, i (1992) divorce & matrimonial cases (for short dmc) 211, before the delhi high court, the marriage had been solemnised on 16.11.1983. .....
Tag this Judgment!Court : Chennai
Reported in : AIR2001Mad350
..... section 29(2) of the hindu marriage act recites as under :-- '29(1) (2) nothing contained in this act shall be deemed to affect any right recognized by custom or conferred by any special enactment to obtain the dissolution of a hindu marriage, whether solemnized before or after the commencement of this act. ..... the question is whether the appellant /defendant should seek recourse to section 13(1)(i) and (ii) of the hindu marriage act or whether a customary divorce would effect dissolution of the marriage. ..... he ceased to be a hindu within the meaning of this section 2(3) of hindu marriage act enabling the appellant/defendant to seek dissolution of marriage.12. ..... there was a customary dissolution of the marriage that existed between mariammal and manikatti. ..... according to the appellant mariammal, manikatti became a converted christian and marriaged on pabuthai. ..... the appellant/defendant admits that she married manikatti during 1961 and because manikatti became a convert to christianity and married a christian girl by name pabuthai, the marriage between manikatti and the appellant/defendant was dissolved. ..... joint fund of rajatah and the respondent, and that the appellant herein falsely claiming herself as the wife of rajaiah, claimed rights in the suit properties, which made him to file a suit for declaration of his title and also for the relief of injunction and in the alternative for delivery of possession. 3. .....
Tag this Judgment!Court : Kerala
Reported in : 2010(2)KLT459
..... we may, in these circumstances summarise the law and state that not only conditions a, b, c and d below; but condition e below also are mandatory requirements that must all co- exist before the court's power under section 13b of the hindu marriage act, section 10a of the divorce act and section 28 of the special marriage act to pass the decree for dissolution on the basis of a joint application for divorce on mutual consent is invoked:a. ..... an argument that the supreme court was not considering exactly the same question - play of sub-section (2) of section 13b of the hindu marriage act and section 10a(2) of the divorce act is irrelevant as even obiter of the supreme court - when the law is declared clearly must bind this court. ..... can the waiting period after filing the joint petition for divorce under section 13b of the hindu marriage act, section 10a of the indian divorce act and section 28 of the special marriage act be waived by the court suo motu or on the application of both parties?2. ..... 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-b 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. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2012)8SCC580; JT2012(7)SC519; 2012(7)SCALE473; AIR2012SC2890; 2012AIRSCW4739
..... for the purpose of second motion, as contemplated under section 13-b of the aforesaid act, which is extracted hereinbelow for reference:-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 marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws (amendment)act, 1976, on the ground that they have been living ..... though we are not inclined to accept the proposition that in every case of dissolution of marriage under section 13-b of the act the court has to exercise its powers under article 142 of the constitution, we are of the opinion that in appropriate cases invocation of such power would ..... considered in anil kumar jains case, after living separately for many years and 11 years after initiating proceedings under section 13 of the hindu marriage act, the parties filed a joint application before this court for leave to amend the divorce petition and to convert the same into a proceeding under section 13-b of the act. ..... the appeal and also convert the pending proceedings under section 12 of the hindu marriage act, 1955, before the additional district judge-01, west delhi, into one under section 13-b of the aforesaid act and by invoking our powers under article 142 of the constitution, we grant a decree of mutual divorce to the parties and direct that the marriage between the parties .....
Tag this Judgment!Court : Delhi
..... 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-b and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other ..... the following questions of law arise for consideration by a division bench of this court :-"a) whether a party, which has under a settlement agreement decreed by a court undertaken to file a petition under section 13b(1) or a motion under section 13b(2) of the act, 1955 or both and has also undertaken to appear before the said court for obtaining divorce can be held liable for contempt, if the said party fails to file or appear in the petition ..... 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 was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be ..... no prejudice is caused to the parties by merely waiting for a short period of six months before they take a vital and pertinent decision in regard to their marriage which is a social sacrament coupled with civil rights and obligations and which .....
Tag this Judgment!Court : Delhi
..... 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-b and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other ..... the following questions of law arise for consideration by a division bench of this court :-"a) whether a party, which has under a settlement agreement decreed by a court undertaken to file a petition under section 13b(1) or a motion under section 13b(2) of the act, 1955 or both and has also undertaken to appear before the said court for obtaining divorce can be held liable for contempt, if the said party fails to file or appear in the petition ..... 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 was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be ..... no prejudice is caused to the parties by merely waiting for a short period of six months before they take a vital and pertinent decision in regard to their marriage which is a social sacrament coupled with civil rights and obligations and which .....
Tag this Judgment!Court : Delhi
..... 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-b and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other ..... the following questions of law arise for consideration by a division bench of this court :-"a) whether a party, which has under a settlement agreement decreed by a court undertaken to file a petition under section 13b(1) or a motion under section 13b(2) of the act, 1955 or both and has also undertaken to appear before the said court for obtaining divorce can be held liable for contempt, if the said party fails to file or appear in the petition ..... 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 was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be ..... no prejudice is caused to the parties by merely waiting for a short period of six months before they take a vital and pertinent decision in regard to their marriage which is a social sacrament coupled with civil rights and obligations and which .....
Tag this Judgment!Court : Delhi
..... 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-b and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other ..... the following questions of law arise for consideration by a division bench of this court :-"a) whether a party, which has under a settlement agreement decreed by a court undertaken to file a petition under section 13b(1) or a motion under section 13b(2) of the act, 1955 or both and has also undertaken to appear before the said court for obtaining divorce can be held liable for contempt, if the said party fails to file or appear in the petition ..... 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 was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be ..... no prejudice is caused to the parties by merely waiting for a short period of six months before they take a vital and pertinent decision in regard to their marriage which is a social sacrament coupled with civil rights and obligations and which .....
Tag this Judgment!Court : Delhi
..... 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-b and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other ..... the following questions of law arise for consideration by a division bench of this court :-"a) whether a party, which has under a settlement agreement decreed by a court undertaken to file a petition under section 13b(1) or a motion under section 13b(2) of the act, 1955 or both and has also undertaken to appear before the said court for obtaining divorce can be held liable for contempt, if the said party fails to file or appear in the petition ..... 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 was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be ..... no prejudice is caused to the parties by merely waiting for a short period of six months before they take a vital and pertinent decision in regard to their marriage which is a social sacrament coupled with civil rights and obligations and which .....
Tag this Judgment!Court : Delhi
..... 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-b and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other ..... the following questions of law arise for consideration by a division bench of this court :-"a) whether a party, which has under a settlement agreement decreed by a court undertaken to file a petition under section 13b(1) or a motion under section 13b(2) of the act, 1955 or both and has also undertaken to appear before the said court for obtaining divorce can be held liable for contempt, if the said party fails to file or appear in the petition ..... 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 was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be ..... no prejudice is caused to the parties by merely waiting for a short period of six months before they take a vital and pertinent decision in regard to their marriage which is a social sacrament coupled with civil rights and obligations and which .....
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