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
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
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 ... withdraw his/her consent before passing the decree of divorce and decree of divorce by mutual consent can not be passed in this case because
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 ... both to obtain divorce in view of the option to reconsider/renege the
decision of taking divorce by mutual consent under Section
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 ... decree of divorce
should be granted.17 In fact, it was observed that the Supreme
Court can grant divorce by mutual consent, even without
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 ... petition for divorce by mutual
consent, the key words are ‗mutual consent'. The crucial prerequisite of
‗mutual consent' must be expressed before
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 ... traditionally practised divorce. These
customary forms of divorce were recognised, both socially and
judicially7. The usual customary forms are:
(a) by mutual consent;
(b) unilaterally
issuing the notice when the said counsel was
involved in the mutual divorce case and the statement/undertaking for
transfer of the said property ... have agreed to obtain the
divorce by mutual consent, as, apart from the mutual consent for
divorce, issues with regard to the settlement
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
underSection 13-B. Mutual consent should continue till
second
party at the time of first motion of the mutual divorce
petition u/s 13-B of HMA in the court.
5. That ... second
party at the time of second motion of the mutual
divorce petition u/s. 13-B of HMA in the court.
6. That both
