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
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
amendment of the original petition and for permitting to pray for divorce by mutual consent. The opponent has also agreed to the said amendment ... divorce has to be passed after the expiry of, six months from the date of presentation of the petition for divorce by mutual consent
questioned the legality and validity of dismissal of the petition for divorce by mutual consent, under Section 13B(1) of the Act, by the learned ... joint petition under Section 13B(1) of the Act for divorce by mutual consent, contending that -
a) they have been living separately for a period
been made for dissolution of their marriage by decree of divorce by mutual consent. This consent term in which this prayer has been incorporated ... divorce petition, if the party desirous of settling their disputes and filed an application for dissolution of marriage by decree of divorce by mutual consent
1081/2024 JUDGMENT DATED: 03/12/2024
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applied for divorce by mutual consent. Having applied for
divorce by mutual consent by a joint application ... decree passed by a
Family Court on an application for divorce by mutual consent.
4. For the reasons assigned separately and considering the
objections raised
with a further
prayer to grant decree of divorce with mutual consent, as provided
Page 1 of 10
HC-NIC Page 1 of 10 Created ... before the learned Principal Family Judge
at Jamnagar seeking divorce by mutual consent, as provided under
Section 13 [B] of the Act.
4. The learned
joint application under Section 13-B of the Act for mutual divorce. The parties arc Hindu. Their marriage was performed on 27/2/1977 ... short, it was decided by both the spouses to recourse to mutual divorce under the provisions of Section
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
divorce petition, if the party
desirous of settling their disputes and filed an
application for dissolution of marriage by decree of
divorce by mutual consent ... divorce by mutual consent by
consuming further time. They have mutually agreed that their marriage
should be dissolved by decree of divorce by mutual consent