AI Overview...
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Section 13B of the Hindu Marriage Act, 1955 - Mutual Consent Divorce
The section primarily facilitates divorce by mutual consent, allowing spouses to dissolve their marriage amicably. It requires both parties to file a joint petition, and after a mandatory waiting period, courts can decree dissolution if both agree. Key points include the importance of mutual consent, the possibility of withdrawal of consent before decree, and the need for a minimum period of six months between the filing and the decree GOUTAM BASU VS NINA BASU - Calcutta. -
Mutual Consent & Withdrawal of Consent - Procedural Aspects
A party can withdraw consent unilaterally before the court passes the final decree, which can lead to dismissal of the petition. The courts exercise discretion in granting divorce, considering the circumstances, and are cautious about trivial disputes being labeled as cruelty or desertion Abhilash Kumar Gupta S/o Late Radheshyam Gupta VS Shweta Gupta D/o Baldev Gupta - Chhattisgarh. -
Grounds for Divorce under Section 13(1) - Various Grounds
The section enumerates grounds such as cruelty, desertion, and other matrimonial disputes. For instance, desertion for a continuous period exceeding two years can be a valid ground for divorce. Courts have dismissed petitions where disputes are trivial or not sufficiently substantiated PRIYAMVADA PRADHAN VS ASHISH PRADHAN @ DABLU - Chhattisgarh, Sushma Devi VS Malkiat Singh - Himachal Pradesh. -
Dissolution by Mutual Consent & Settlement - Case Examples
Several cases demonstrate the application of Section 13B where marriages are dissolved after mutual agreement, often involving settlement amounts. Courts have emphasized the importance of genuine consent and have approved divorces where parties settle their disputes amicably, with or without waiver of the statutory waiting period Reebha Singh VS Ashok Kumar Singh - Jharkhand, Naresh Kumar VS Sarla - Punjab and Haryana. -
Irretrievable Breakdown & Legal Discussions - Emerging Perspectives
Although not explicitly a ground under the Act, the concept of irretrievable breakdown of marriage has been discussed in case law, suggesting that courts may consider it as a ground for divorce in the future. Some judgments have referred the matter for a larger bench to clarify this aspect Sangeeta VS Arun Joon - Delhi.
Analysis and Conclusion:
Section 13B of the Hindu Marriage Act, 1955, streamlines the process for divorce by mutual consent, emphasizing the importance of genuine agreement and procedural compliance. Courts have shown flexibility in cases of settlement and mutual consent, including the withdrawal of consent before the decree. While the Act primarily addresses specific grounds like cruelty and desertion, judicial discourse is increasingly recognizing the significance of irretrievable breakdown as a potential ground, indicating a possible evolution in divorce jurisprudence under Hindu law.
References:
- GOUTAM BASU VS NINA BASU - Calcutta
- Abhilash Kumar Gupta S/o Late Radheshyam Gupta VS Shweta Gupta D/o Baldev Gupta - Chhattisgarh
- PRIYAMVADA PRADHAN VS ASHISH PRADHAN @ DABLU - Chhattisgarh
- Sushma Devi VS Malkiat Singh - Himachal Pradesh
- Reebha Singh VS Ashok Kumar Singh - Jharkhand
- Naresh Kumar VS Sarla - Punjab and Haryana
- Sangeeta VS Arun Joon - Delhi
Search Results for "Hindu Marriage Act s 13 B"
2018 0 Supreme(Chh) 650 • India - Chhattisgarh
SHARAD KUMAR GUPTA
Code of Civil Procedure, 1908 - Rule 1 of Order III - Hindu Marriage Act, 1955 - Section 13 - Divorce petition ... - Admitted by the respondent that both the parties are Hindu by religion, their marriage was solemnized in accordance with HINDU ... Raipur, Chhattisgarh in HMA No. 04/2012 whereby and whereunder he dismissed the divorce petition filed by the appellant-wife under Section 13 of the Hindu Marriage Act, 1955 (in brevity 't....
2007 0 Supreme(Jhk) 733 • India - Jharkhand
M.Y.EQBAL, DABBIRU GANESHRAO PATNAIK
Hindu Marriage Act, 1955 – Section 13 (i) (a) and (iii) – decree for dissolution of marriage – dispute settled between the parties ... (a) and (b) of the Hindu Marriage Act, 1955. ... This appeal has been filed by the appellant-wife against the Judgment and decree dated 2.5.1998 passed by the Principal Judge, Family Court, Dhanbad in Title Matrimonial Suit No. 9 of 1996 whereby the marriage has been dissolved by a decree of divorce under Section 13(1....
2016 0 Supreme(HP) 1391 • India - Himachal Pradesh
SURESHWAR THAKUR
Desertion - Hindu Marriage - Hindu Marriage Act, 1955, Section 13(1)(b) Fact of the Case: The petitioner sought dissolution ... (1)(b) of the Hindu Marriage Act, 1955. ... of marriage on the ground of desertion by the respondent. ... ... The instant appeal arises from the impugned judgment rendered by the learned District Judge, Hamirpur on 7.4.2009 in Hindu Marriage Petition No. 102 of 2005, whereby he allowed t....
1992 0 Supreme(P&H) 622 • India - Punjab and Haryana
V.K.JHANJI
The wife was paid a settlement amount, and the marriage was dissolved under Section 13(B) of the Act with no order as to costs. ... Final Decision: The marriage between the parties is dissolved under Section 13(B) of the Act with no order as to costs. ... Issues: Dissolution of marriage by mutual consent, waiver of waiting period under Section 13(B) of the Act, settlement amount ... The husband (appellant herein) filed petition un....
1996 0 Supreme(MP) 518 • India - Madhya Pradesh
D.M.DHARMADHIKARI
(1) Hindu Marriage Act, 1955 -- Ss. 13B (2) and 13 -- divorce petition under S. 13 pending -- decree of divorce sought by filing ... [Para 6 ... (3) Hindu Marriage Act, 1955 -- S. 13B -- divorce by mutual ... [k¼2½ rFkk 13 &7 /kkjk 13 ds v/khu ^fookg&foPNsn* dh vthZ yafcr && fookg&foPnsn dh fMØh /kkjk 13[k ds v/khu la;qDr vthZ Qkby dj ds ... of the Hindu Marriage Act, 1955. ... In matrimonial pro....
2017 0 Supreme(Del) 1720 • India - Delhi
HIMA KOHLI, SANGITA DHINGRA SEHGAL
has broken down irretrievably, even though irretrievable breakdown is not a specific ground under the Act. ... Divorce Decree - Mutual Consent - Irretrievable Breakdown of Marriage Fact of the Case: (2010) 4 SCC 460, and Anil Kumar Jain (supra) and had expressed an opinion that in the light of the observations made in the said cases, it would be appropriate to refer the matter to a Bench of three Judges for a clear ruling as to whether the period prescribed in Section 13B(ii) of the Act
2018 0 Supreme(Chh) 251 • India - Chhattisgarh
MANINDRA MOHAN SHRIVASTAVA, GAUTAM CHOURDIYA
grant of decree of divorce on ground of cruelty and desertion against respondent on the pleadings inter alia that ever since the marriage ... discretion - No doubt, the said provision confers on Courts, discretion either to grant decree of divorce on grounds stated in Section 13 ... Learned trial Court, however, held that small and trivial disputes between the husband and wife could not be treated to have constituted 'cruelty' as meant under Section 13 of the Hindu Marriage Act, 1955 (for short 'the #HL....
2018 0 Supreme(Chh) 38 • India - Chhattisgarh
SHARAD KUMAR GUPTA
Hindu Marriage Act, 1955 - Section 13 - Registered notice - Demand of dowry - Hindu rites and rituals - ... Law near about years before marriage of both parties was solemnized in accordance with Hindu rites and rituals in village district ... years after marriage was performed - After she resided in his parental house at village in wedlock two children have born one is ... , 1955 in case of petition for dissolution of marriage by a decree of divorce ....
1990 0 Supreme(Cal) 54 • India - Calcutta
SHAMSUDDIN AHMED, HARIDAS DAS
HINDU MARRIAGE ACT, 1955 - SECTION 13B - CONSENT TO DIVORCE BY MUTUAL CONSENT - WITHDRAWAL OF CONSENT - TIMEFRAME FOR MAKING MOTION ... Fact of the Case: A petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 was filed ... Whether a party to a petition under Section 13B of the Hindu Marriage Act, 1955 could unilaterally withdraw their consent to the ... provisions of the Hindu Marriage Act are still available for....
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