Search Results for Tag : Mutual Consent

News

Ker. HC: Not Granting Divorce Despite Mutual Consent Amounts to Cruelty(25.09.2023)

Kerala High Court while relying on the Apex Court’s decision in Samar Ghosh v. Jaya Ghosh (MANU/SC/1386/2007), observed that denial or withholding of .....

Tags : Kerala High Court, Divorce, Mutual Consent, Failed Marriage, Cruelty

Bombay HC: Family Court Must Examine Terms of Mutual Consent Divorce(09.01.2017)

Bombay High Court has cautioned Family Courts across Maharashtra to not grant decree of divorce on mere presentation of a joint application by spouses.....

Tags : Bombay High Court, Family Court, Divorce, Mutual Consent

FAMILY - Adopt Liberal Approach while Dealing with Divorce Pleas Based on Mutual Consent: Kerala HC(05.03.2019)

Kerala High Court has observed that a liberal approach needs to be adopted while dealing with divorce applications based on mutual consent.

Tags : Kerala High Court, Divorce Pleas Based on Mutual Consent

Del. HC: Unilateral Withdrawal from Divorce by Mutual Consent Amounts to Cruelty(28.12.2023)

Delhi High Court has held that unilateral withdrawal from divorce by mutual consent amounts to cruelty if such conduct is not based on justifiable gro.....

Tags : Delhi High Court, Unilateral Withdrawal, Mutual Consent, Divorce

SC: Single Bench Hearing Transfer Petitions Cannot Pass Mutual Consent Divorce Decree(20.09.2021)

Supreme Court has observed that a single bench hearing Transfer petition cannot pass a decree divorce by mutual consent under Section under Section 13.....

Tags : Supreme Court, Mutual Consent Divorce Decree

Personal Inconvenience No Ground to Waive Cooling off Period for Mutual Consent Divorce: MP HC(15.04.2019)

Madhya Pradesh High Court has held that personal inconvenience of parties cannot be a ground to waive the period of 6 months, in case of mutual consen.....

Tags : Madhya Pradesh High Court, Mutual Consent Divorce

Judgments

Onus is on the husband to establish that there are sufficient grounds to show that he is unable to discharge his legal obligations for reasons beyond his control(20.06.2022)

By way of instant criminal revision petition filed under Section 397 of Code of Criminal Procedure, 1973 (CrPC), challenge has been laid to order pass.....

Tags : Divorce, Mutual consent, Maintenance

SC: Single Bench Cannot Pass Decree for Dissolution of Marriage While Hearing Transfer Petition(12.03.2021)

Supreme Court has observed that its single bench while hearing a Transfer Petition cannot invoke power under Article 142 of the Constitution of India,.....

Tags : Supreme Court, Dissolution of Marriage by Mutual Consent

Kerala HC Strikes Down 10A of Divorce Act, 1869(12.12.2022)

Kerala High Court has held that fixation of the minimum period of separation of one year under Section 10A of the Divorce Act, 1869 for filing divorce.....

Tags : Kerala High Court, Divorce Act, Mutual Consent

Madras HC Directs Satellite Imaging of Taluks and Earmarking of Waterbodies(19.04.2021)

Chhattisgarh High Court has observed that existence of a serious dispute between a husband and wife is not a prerequisite for grant of divorce by mutu.....

Tags : Chhattisgarh High Court, Grant of Divorce by Mutual Consent

Mother can't Give Up Maintenance Rights of Daughter During Mutual Consent Divorce: SC(03.05.2019)

Supreme Court has observed that a mother cannot give up rights which vest in the daughter insofar as maintenance and other issues are concerned, durin.....

Tags : Supreme Court, Mutual Consent Divorce, Maintenance

MP HC: Condition of Living in Separation for One Year Can't be Waived(31.03.2022)

Madhya Pradesh High Court has held that one year period of living separately is a must for filing of an application for divorce by mutual consent unde.....

Tags : Madhya Pradesh High Court, mutual consent, divorce, Section 13B(1) of the Hindu Marriage Act

Kar HC: Can’t Reject Plea for Divorce by Mutual Consent Only Because Couple Resides in Same Premises(14.06.2023)

Karnataka High Court has held that merely because estranged couple is residing in same premises, Court can’t reject their petition to seek divorce by .....

Tags : Karnataka High Court, Divorce, Mutual Consent, Premises

Cooling off period mentioned in Section 13-B(2) of Hindu Marriage Act is not Mandatory(12.09.2017)

Factual matrix giving rise to instant appeal is that marriage between the parties took place on 16th January, 1994. Two children were born in 1995 and.....

Tags : Divorce, Mutual consent, Statutory period, Waiver