consent
to the divorce is a sine qua non for passing a decree
for divorce under section 13-B . Mutual consent should
continue till ... willing party to the divorce",
the Court cannot pass a decree of divorce by mutual
consent. If the Court is held to have
under S. 13-B of the Hindu Marriage Act obtain a consent divorce. Sri S. V. Gupte in his Hindu Law 3rd (1981) edition ... powers of the Court in granting divorce if the Court is satisfied that, such a divorce by consent could be granted. When it appears
both to obtain divorce in view of the option to
reconsider/renege the decision of taking divorce by mutual
consent under Section ... mutual consent, the
Court must satisfy itself that the consent given by the parties
continues till the date of granting decree of divorce. Even
Parsi Marriage and Divorce Act in Sec.32B accepted
and recognised the concept of divorce by mutual consent. To
get the concept introduced into ... existing stipulation regarding divorce
applicable to Christians. Sec.10A attempts to introduce the
secular concept of divorce by mutual consent into the personal
law. Christian
willing party to the divorce",
the Court cannot pass a decree of divorce by
mutual consent. If the Court is held to have ... agreement
to obtain such divorce by mutual consent but did not give such
consent for decree of divorce, the two judges bench
agreed that ex-parte decree of divorce between them be converted into adecree of divorce by mutual consent. Considering these aspects the Division Bench dispensed ... March 1, 1995, converted ex-parte decree of divorce into a decree of divorce by mutual consent on the terms and conditions contained
open for the Court to grant a decree of divorce, i.e., divorce by mutual consent under Section 13B of the Act.
4. Husband preferred ... willing party to the divorce", the Court cannot pass a decree of divorce by mutual consent. If the Court is held to have
troubled marriage there were pending criminal matters and divorce proceedings. Eventually divorce by mutual consent and settlement of all criminal and civil disputes was agreed ... consent before passing the decree of divorce and decree of divorce by mutual consent can not be passed in this case because of the willingness
agreed that ex parte decree of divorce between them be converted into a decree of divorce by mutual consent. Considering these aspects the Division Bench ... March 1, 1995, converted ex parte decree of divorce into a decree of divorce by mutual consent on the terms and conditions contained
2013 17:15:47 :::
3 FCA.61.10
divorce into joint Petition for divorce by mutual consent. As per the
Consent Terms, the appellant ... chose to convert the
pending Petition for divorce into a joint Petition for divorce by mutual
consent and withdraw all allegations against each other
