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1 - 6 of 6 (0.25 seconds)The Code of Civil Procedure, 1908
Section 13B in The Hindu Marriage Act, 1955 [Entire Act]
The Hindu Marriage Act, 1955
Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
Kiritbhai Girdharbhai Patel vs Prafulaben Kiritbhai Patel on 25 August, 1992
They
have decided that a decree for divorce by mutual consent be granted
Page 6 of 10
HC-NIC Page 6 of 10 Created On Sat Apr 23 02:20:58 IST 2016
C/FA/687/2016 ORDER
as it was not possible to continue with the marriage life. The
appellant no.1 has also deposed on the same line before the trial
Court vide Exh. 8 stating that in any circumstance, their marriage life
cannot be continued, and therefore, they have requested for divorce.
Here, this Court would like to refer to the judgment of this Court
rendered in case of Kiritbhai Girdharbhai Patel v. Prafulaben
Kiritbhai Patel [First Appeal No. 1265 of 1992 :: Decided on 25th
August 1992], wherein the Court while allowing the appeal, in para 6
of the judgment, referred to the requirements of the provisions of
Section 13B [1] of the Act, which read thus
"(i) there must be a petition jointly presented to the
competent Court by both the spouses; (ii) the ground for
dissolution of the marriage by a decree of divorce should be
clearly and categorically shown - (a) that the parties have
been living separately for a period of one year or more before
the presentation of the petition; (b) that they have not been
able to live together; and (c) that they have mutually agreed
that the marriage should be dissolved.
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