there is no possibility of reconciliation and they agree for divorce by mutual consent as the same will be in the interest of both parties ... matrimonial cases by mutual consent the High Court of Rajasthan held that mutual consent is in the nature of compromise though Order 23 Rule
order dated 06.05.2015 dissolving the marriage by grant of divorce
by mutual consent with the two judges’ bench exercising
jurisdiction under Article ... provide for divorce in cases of cruelty.
Section 13-B of the Hindu Marriage Act was introduced for
providing divorce by mutual consent. Explanation
decree of divorce. Both the parties, therefore, prayed for a decree of divorce. Section 13B permits such divorce by mutual consent. Under Sub-section ... that was given (while filing the divorce petition) for having a mutual divorce. He argued that the consent, of the parties should be there
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
Lakhs at the time of filing of the divorce
petition to seek divorce by mutual consent, i.e. at the first motion, and
the balance ... decree
by mutual consent." (emphasis supplied)
42. In Hitesh Bhatnagar (supra), both husband and wife had filed
mutual divorce petition. After the passing
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 ... have mutually consented to have the marriage dissolved, continued to singnify their mutual consent for the dissolution of the marriage right up to the date
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 ... mutual consent. The impugned judgment loses sight of the fact that the husband has fully availed of the benefits of the mutual consent divorce
