whether a decree can be passed on a petition for mutual
divorce under Section 13-B of the Hindu Marriage Act,
1955, when ... between them, they took a decision to obtain a decree of
mutual divorce, which resulted in the filing of a joint
petition for divorce under
that there is no possibility of reconciliation and they agree for divorce by mutual consent as the same will be in the interest of both ... external threat, influence or collusion behind the proposal of the divorce by mutual consent.
8. In addition to the statements of both parties, learned counsel
Hindu Marriage Petition No. 59 of 1982 against the husband for divorce. Divorce was claimed on many grounds including that of cruelty. Of course, there ... decree of divorce. Both the parties, therefore, prayed for a decree of divorce. Section 13B permits such divorce by mutual consent. Under Sub-section
both to obtain divorce in view of the option to
reconsider/renege the decision of taking divorce by mutual
consent under Section ... divorce. Even if
one party unilaterally withdraws his/her consent, the Court
does not get jurisdiction to grant decree of divorce by mutual
consent
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
parties as they want to be mutually separated and rehabilitate themselves after mutual separation/divorce. It is submitted by learned counsel for the petitioner that ... contains a bar to divorce being granted before six months of time elapsing after filing of the divorce petition by mutual consent. The said period
Fifty Lakhs at the time of filing of the divorce
petition to seek divorce by mutual consent, i.e. at the first motion ... 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 ... Mutual consent to the divorce is a
sine qua non for passing a decree for divorce
under Section 13-B . Mutual consent should
continue till
have agreed that ex-parte decree of divorce between them be converted into adecree 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
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
