1. Dattatray Salvi VS Charu Dattatray Salvi - 30 Jan 17

Important Point: Since the petition presented by the respondent-wife itself was not for grant of decree of divorce under Section 13B, but was presented seeking grant of decree of divorce under Section 13 (1)(ia) of the Act, it was impermissible for the Family Court to exercise the jurisdiction and pass a decree of divorce under Section 13B of the Act.

divorce under the said provision. ... of the Act, it was impermissible for the Family Court to exercise the jurisdiction and pass a decree of divorce under Section 13 ... for grant of decree of divorce under Section 13-B, but was presented seeking grant of decree of divorce under Section 13(1)(i-a) ... pray for grant of decree of divorce by mutual consent. ... to pass a decree for mutual divorce if one of the consenting parties withdraws his/her consent before the decree is passed. ... to consider the other claim raised by the original petitioner- i.e. the present respondent-wife herein in respect of recovery of

India - Bombay

2. Justin Abraham VS Preethy N Thomas - 11 Jan 19

:• The Appellate Court also can entertain a petition under Section 10A of the Divorce Act in a pending appeal, since the District Court also can entertain an application under Section 10A in a pending Original Petition for dissolution of marriage.• Section 10A is substantially the same as Section 28 of the Special Marriage Act and Section 13B of the Hindu Marriage Act.• The object of Section 10A is for passing a decree declaring the marriage to be dissolved with effect from the date of decree, on the motion of both the parties made not earlier than six months after the date of presentation of the petition under Section 10A, provided other conditions of sub-Section (2) thereof are satisfied.

The Indian Divorce Act, 1865- Section 10A- Divorce by mutual consent- Sub-section (2) of Section 10 A - Does not provide for passing ... Therefore, the court is having ample power to pass an order under Section 10A of the Divorce Act. ... They have not been able to live together and they have mutually agreed and desired to dissolve their marriage by a decree of divorce ... No. 2 of 2019 is filed for divorce by mutual consent. ... their marriage by a decree of divorce by mutual consent. ... After a detailed discussion, we do not find any external force on them to file the present petition

India - Kerala

3. Anshu Rani VS Rohit Vij - 18 Mar 10

Divorce--Mutual Consent--Presence of Parties--Presence of the parties is not mandatory in proceedings for divorce by mutual consent--In case the parties are represented through power of attorney holder satisfaction regarding genuineness of the pleadings and proceedings can still be recorded.

of petition for divorce by mutual consent cannot be upheld--Parties directed to appear in person before the learned court. ... (A) Hindu Marriage Act, 1955, S.13-B--Divorce--Mutual Consent--Presence of Parties--Presence of the parties is not mandatory in proceedings ... for divorce by mutual consent--In case the parties are represented through power of attorney holder who is none else than a close

India - Punjab

4. Priyanka Chauhan VS Principal Judge Family Court - 10 Feb 21

Point of law: Mutual divorce – Waiving of six month periods - it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation. In the present matter the wife remained in her matrimonial house only for four days and for more than one year they are living separately.

Finding of the court: In the present matter on the second day of hearing both the parties were present and ... Hindu Marriage Act, 1955 – Sections 13, 14, 23 – Family Courts Act – Section 19 – Decree for mutual divorce ... . – They have made statement that they have better future prospects if divorce is allowed. – Court is of the considered opinion that ... The brief facts leading to the present appeal are that, a Divorce Petition for a decree of dissolution of marriage by mutual consent ... consent is present in the instant case. ... very liberalised concept of divorce by mutual consent.

India - Allahabad

5. Jagraj Singh VS Birpal Kaur - 13 Feb 07

1. In divorce proceedings, the Matrimonial Court can ask a party to the proceeding (husband or wife) to remain personally present even by issuance of non-bailable warrants.2. In divorce proceedings, a Court is expected, nay, bound, to make all attempts and endeavours of reconciliation.

on merits observing that the wife was not entitled to a decree for divorce. ... November 22, 2005, the wife was present in the Court. ... separation or divorce. ... separation or divorce. ... He, therefore, held that the wife was not entitled to a decree of divorce. ... on merits observing that the wife was not entitled to a decree for divorce.

India - Supreme Court

6. Rahul Kesarwani VS Sunita Bhuyan - 01 Dec 21

Point of Law : Once parties have separated and the separation has continued for a sufficient length of time and one of them has presented a petition for divorce, it can well be presumed that marriage has broken down. The court, no doubt, should seriously make an endeavour to reconcile the parties; yet, if it is found that breakdown is irreparable, then divorce should not be withheld

Hindu Marriage Act, 1955 - Section 28 and 13(1)(ia) and (iii) - Family Courts Act, 1984 - Section 19 - Decree of Divorce ... was not a reliable witness - Averments made in her petition are false to her knowledge and there exist many inconsistencies between ... has not adjudicated matter based on pleadings and has given findings on issues which were neither pleaded nor proved - That Respondent ... The facts of the present case do not meet the said test. ... (vi) The Appellant himself refused to reside with the Respondent, or file for divorce by mutual consent ... is irreparable, then divorce should not be withheld.

India - Delhi

7. Vishnudas H. , S/o. Haridas VS Nil - 27 Jul 20

The marriage did not last even for a day and there was no consummation, this court came to the conclusion that it would be impossible for the parties to continue the relationship any further and that there was no chance of any reunion and leave was granted to present the petition for divorce before the lapse of one year.

Hindu Marriage Act, 1955- Section 14-Divorce-Mutual Conset-Waiving of the period of one year-Continuance ... No.113 of 2020 in Unnumbered OP of 2020 passed by the Family Court, Palakkad and grant permission to the petitioners to present joint ... petition for divorce by waiving the statutory period of one year prescribed under Section 14(1) of The Act. ... any further and that there was no chance of any reunion and leave was granted to present the petition for divorce before the lapse ... to present a petition for divorce are inter alia, reasonable probability of a reconciliation between the parties, interests of children ... divorce.

India - Kerala

8. Leo John, S/o. S. J. Peter VS Eugenia Preethi, D/O. Louis R. Dominic - 20 Jan 21

Divorce - Where a petition on the ground of irretrievable impairing of the marriage tie and a petition on the ground of fault are presented concurrently, the judge shall rule first on the petition on the ground of fault. Where he dismisses the latter, the judge shall rule on the petition for divorce on the ground of irretrievable impairing of the marriage tie

In case of divorce by mutual consent, the spouses shall fix the amount and terms of the ... do not prevent from considering his or her application; they may, however, deprive the facts which the other spouse is reproached

India - Karnataka

9. Maya Kashyap W/o Jamuna Prasad Kashyap VS Jamuna Prasad Kashyap S/o Shri Lalita Prasad Kashyap - 24 Feb 21

Section 125 of Code makes provision for grant of maintenance to wives, children and parents - Section 125(1) inter alia says that if any person having sufficient means neglects or refuses to maintain his wife unable to maintain herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for maintenance of his wife not exceeding Rs.500/- in whole and to pay same to such person as Magistrate may from time to time direct - Clause (b) of explanation to sub-section defines expression 'wife' to include a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried - In case it is not contended by respondent that appellant has remarried after decree of divorce was obtained under Section 13-B of Hindu Marriage Act - By virtue of definition referred to above she would, be entitled to maintenance if she could show that respondent has neglected or refused to maintain her - Counsel for respondent, invited our attention to sub-section (4) of Section 125, which reads as under:125.(4) No wife shall be entitled to receive an allowance from her husband under this Section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

allegation of adulterous conduct of applicant - Matter was inquired, respondent examined himself in proceeding, in which he has not ... Findings of the Court : Judgment of Madras High Court is per curiam, which cannot be considered as a precedent ... - Applicant is entitled for grant of relief - Finding of Family Court on question of enhancement, it is found that this finding ... In the present case, the decree of divorce has been obtained by the applicant and the respondent ... under Section 13(b) of Hindu Marriage Act, which is the decree of divorce was granted on mutual consent. ... The learned Family Court has failed to examine this aspect present in the case.

India - Chhattisgarh

10. P. Simhachalam VS Yasoda - 19 Jun 21

Matrimonial Dispute - Definition of cruelty - Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either husband or wife, be dissolved by a decree of divorce on ground that other party has, after solemnisation of marriage treated petitioner with cruelty.

Hindu Marriage Act - Section 13(1)(i-a) - Restitution of conjugal and Divorce - Cruelty - Whether or not ... There does not appear to be any real chance of parties residing together once again. ... FAT also his appeal against portion of judgment and decree of court below allowing counter claim of defendant-wife for restitution ... the respondent does not want divorce by mutual consent. ... divorce. ... The moot question that falls for determination in the present case is whether or not the plaintiff has been able to establish that

India - Calcutta