Court to which petition shall be presented. Under the existing laws, the consent given by the parties at the time of filing of the joint petition for divorce by mutual consent has to subsist till the second stage when the petition comes up for orders and a decree for divorce is finally passed and it is only the Supreme Court, which, in exercise of its extraordinary powers under Article 142 of the Constitution, can pass orders to do complete justice to the parties. This aspect has to be considered in the background of the other facts and circumstances of the case; Chetan Dass v. She was involved in Fonancial infidelity as her foster parents misused her Credit card six years before marriage, he learnt only while applying for home loan in Canada. Sub-section 2 of Section 14 provides that the interests of the children born of the marriage and the chances of reconciliation between the parties are also be kept in view by the court while deciding an application under this Section. The court can exercise its power under the section suo motu or on the application of any party thereto. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved.
Their Lordships approved this view at p. In the field of matrimonial relationship a purely mechanistic and formal approachs is not called for. Franc ally speaking marriage is solemnised between man and women before the court of law. Amendment, makes it abundantly clear that only final orders under Section 25 and Section 26 of the Act relating to permanent alimony, maintenance and custody of children etc. If after 6 months the petition is not withdrawn, the parties may move the court within 18 months, after which the Court may grant the divorce. Solitary ground for divorce Frivolous and vexatious litigation instituted and fought under the pressure of some family members cannot be used as a ground to contend that the marriage has irretrievably broken down and the marriage is, for all practical purposes, dead. It is sufficient that if the cruelty is of such type that it becomes impossible for spouses to live together; Neelu Kohli v.
The court has also been given the discretion to dismiss the main petition or to postpone the operation of the decree for one year from the date of marriage if it transpires that the leave has been obtained by misrepresentations or concealment of the facts. The requirements as provided under this section are that before filing a joint petition for divorce parties must be living separately for a period of at least one year. The marriage cannot be dissolved on this solitary ground; Neeta Kirit Desai v. Restitution of conjugal rights In a petition for restitution of Conjugal Rights, alternative relief of divorce cannot be claimed. Consent, however, must be free. Therefore, even though the case of cruelty may not have been proved but as the facts emerging from the record clearly indicate that the living of the two as husband and wife would not only be difficult but impossible, the court has no alternative but to grant a decree of divorce; Poonam Gupta v. At the time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc.
The Act also applies to anyone who is a permanent resident in the India who is not Muslim, Jew, Christian, or Parsi by religion. They are merely interlocutory proceedings. Alternatively a video conferencing facility would do? The statements in the affidavit of the wife, therefore, could not in law be taken into consideration. Divorce will be filed on 366th day. The Hindu Marriage Register should be open for inspection at all reasonable times and should be admissible as evidence of the statements contained therein. According to section 5 of the Act marriage can be solemnised between two Hindus; M.
The marital obligation has been further buttressed by clear statutory recognition by section 9 of the Hindu Marriage Act; Kailash Wati v. Delhi High Court: A Single Judge Bench comprising of Rajiv Sahai Endlaw, J. In some Hindu systems of marriage, there is no role for the state as marriage remained a private affair within the social realm. Also, Supreme Court in the case of Sushreta Devi has ruled out that the petition of divorce can be withdrawn unilaterally. Succession on the death of Hindu female Mother and all her seven daughters would get equal share in the property. On the third issue the courts have ruled out that silence or not appearing for hearings will not amount to withdrawal of consent. It appears from the order-sheet that the learned Judge directed both the parties to file documents in support of their respective cases and it further appears from order No.
One of the grounds available under Section 13-B is that the couple have been living separately for one year or more and that they have not been able to live together, which is, in fact, the case as far as the parties to these proceedings are concerned. . Whether mere silence at the second stage would tantamount to withdrawal If the parties who have filed for divorce under mutual consent and after the end of the 6 month period what is to be done if either of them do not turn up. Divorce by mutual consent provides an opportunity of amicable resolution of disputes between parties and saves time and money. This petition should be signed by both parties to the marriage.
Sub-section 2 omitted by Act 68 of 1976, sec. I will have to file another case to get my house back apart from the existing complicated divorce case. During the pendency of the transfer petition before this Court, the parties settled their disputes, and, although, the petition involved a proceeding under Section 13 of the Hindu Marriage Act, 1955, keeping in mind the settlement arrived at between the parties and also the interest of the parties, this Court granted a decree of divorce by treating the pending application as one under Section 13-B of the said Act. Conditions for a Hindu marriage. Susheela the Madras High Court observed that Section 14 provides restrictions presumably designed to prevent party recourse to legal proceedings before the parties have made real effort to save their marriage from disaster.
What is divorce by mutual consent? If yes, how many times. A Marriage Arya Samaj Marriage or an arranged Marriage is directly registered by the Registrar of Marriage under section 8 of Hindu Marriage Act-1955 on the same working day. Prior to this, She also left my house for 14 days from without informing any body with the acceptance of his parents since then, she is residing somewhere, even no information has been given by us till date to me or any member of my family. On repeated failure of the wife to appear for cross-examination, the learned Judge finally ordered by his order No. Nonetheless, it is a relation between two people and since no human is perfect it is highly probable that two people do not feel compatible with each other so as to live together a whole life. Clause c omitted by Act 2 of 1978, sec.
The marriage must be beyond reconciliation, and presenting a petition for divorce together does not indicate amicability. In the former case decree for mutual divorce was granted without waiting for the statutory period of six months. Wherever the consent of a guardian in marriage is necessary for a bride under this Act, the persons entitled to give such consent are the following: the father; the mother; the paternal grandfather; the paternal grandmother; the brother by full blood; the brother by half blood; etc. However if the main case itself has been dismissed, there is no provision under which court can give relief in an application made under section 24. However, there was strong opposition to this bill due to the objection that it will create hardships for women and that the bill strongly supports one party while both parties should be treated equal in divorce. The Act expressively prohibits polygamy. I will recommend Net Lawman due to easy to use website, documents in clear English and easy to edit, very reasonable and prompt.
Archived from on 23 October 2014. To brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life; R. Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party. Is it possible to file a mutual consent without my presence by my brother? The appeal is, therefore, allowed. Three other important acts were also enacted as part of the during this time: the 1956 , the 1956 , the 1956. The Hindu Marriage Act, 1955 An Act to amend and codify the law relating to marriage Citation Enacted by Date enacted 18 May 1955 Date commenced 18 May 1955 Status: In force The Hindu Marriage Act by an of the enacted in 1955.