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- If there is no mutual consent at the time of the enquiry, the court gets no jurisdiction to make a decree for divorce. If the view is otherwise, the court could make an enquiry and pass a divorce decree even at the instance of one of the parties and against the consent of the other. Such a decree cannot be regarded as decree by mutual consent.”
www.scconline.com/blog/post/2020/11/09/divorce-by-mutual-consent-and-contempt-of-court/
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6 days ago · Mutual Consent as Ground: Couples can file for divorce by mutual consent, citing that they have lived separately for a year and that their marriage has collapsed beyond repair. The Supreme Court has held that the mandatory waiting period of six to eighteen months in cases of mutual consent can be waived, considering the circumstances, like in the case of Amardeep Singh vs. Harveen Kaur.
17 hours ago · Om Prakash, addressing the question of whether mutual consent for divorce under Section 13-B of the Hindu Marriage Act, 1955, can be unilaterally withdrawn by one party before the decree is passed. The Court ruled that mutual consent is a sine qua non for granting a divorce decree and can be withdrawn at any time before the decree is finalized.
Jul 31, 2024 · A Constitution Bench held that Supreme Court can exercise power under Article 142 (1) of the Constitution and grant divorce by mutual consent dispensing with the waiting period prescribed under Section 13 B.
May 1, 2023 · Supreme Court rules it can directly grant divorce to couples under Article 142: How this works. The process of obtaining a decree of divorce is often time-consuming and lengthy owing to a large number of similar cases pending before family courts. Written by Khadija Khan. New Delhi | Updated: May 2, 2023 13:16 IST. 6 min read.
- Khadija Khan
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Nov 9, 2020 · Maya Jain, has also held that the period of six months between filing a petition of divorce by mutual consent under Section 13-B(1) and grant of decree of divorce under Section 13-B(2) of the 1955 Act cannot be waived off by the parties or by any civil court or High Court.
Jun 27, 2023 · Procedure for getting a decree of divorce by mutual consent. Step 1: Jointly filing a petition. Step 2: First motion. Step 3: Second motion. Is the six month waiting period mandatory for getting a divorce by mutual consent. Whether consent can be unilaterally withdrawn for divorce by mutual consent.
Jul 23, 2021 · Introduction. The perception of the Hindu Marriage Act, 1955 on divorce by mutual consent. Section 13B of the Act. Essential ingredients of Section 13B. Parties should be living separately for at least one year. What does the expression ‘living separately’ mean. Parties have not been able to live together.
