willing
party to the divorce”, the court cannot pass a decree of divorce
by mutual consent. If the court is held to have the power ... consent to the divorce is a sine qua non for passing a decree for
19
divorce under Section 13-B. Mutual consent should continue till
adjournments; however, during conciliation
held on 03.09.2012, she agreed for mutual divorce and the
terms were reduced into writing. The husband paid ... divorce.
40. It is also apt to note that both the wife and the husband
agreed to obtain decree of divorce by mutual consent
willing party to the divorce", the court cannot pass a
decree of divorce by mutual consent. If the court is held to
have ... consent should
continue till the divorce decree is passed. In the present case, the
proceeding for divorce on mutual consent was dropped, so even
accepting
ground
that their marriage has been dissolved, in view of the mutual divorce
deed executed freely and voluntarily on 20.06.2022, in the presence ... parties, they had mutually
decided to part their ways. As per Muslim Shariat Laws, the parties had
entered into a mutual divorce deed
decree of
divorce.
x. In December, 2010, both the parties have filed OP No. 82 of
2011 seeking divorce through mutual consent ... divorce.
iv. Later, he persuaded her to state before the Court that she was
not interested to obtain divorce by mutual consent, assuring her
that
parties have amicably settled the issue
and separated by taking mutual divorce. Copy of divorce agreement
executed between the parties is produced on record ... settled between the parties
and the parties have mutually separated by executing mutual divorce
agreement dated 10.01.2023, more particularly the contents of paragraph
Joint
Petition under Section 13(B) of Hindu Marriage Act for
mutual divorce before the Family Court in
M.C.No.6322/2021. However ... mutual consent
divorce and not at all transferred. As per mutual
divorce condition, the Respondent take back her gold
jewelry and hand over
submits that as far as the aspect of signing the
mutual divorce petition at the office of Advocate Parwani is
concerned, the finding ... cross-
examination of the wife regarding the aspect of the mutual divorce
petition has elucidated many admissions which support the case of
the appellant husband
petitioners have filed their affidavits in
support of relief of mutual divorce claimed in the petition,
thereby they have moved first motion. The petitioner ... petition filed under Section 13B of 'the Act' for
mutual divorce, no party is contesting, and therefore, no one has
Page
live separate for all time to come
and to that effect mutual divorce has been filed before the
learned Judge, Family Court, Berhampur ... would pay the agreed
amount as per the condition in the mutual divorce proceeding.
At this juncture the opp. party no.2 does not want
