Supreme Court invokes power under Article 142 of the Constitution to grant mutual consent divorce
Supreme Court directed the parties to withdraw all the cases pending between them.
Mutual Consent
Delhi Court grants divorce to Shikhar Dhawan on grounds of mental cruelty by wife; Grants visitation rights for minor son
The wife’s intentional decision to leave the mater uncontested shows her desire that court should pass decree of divorce even at the cost of holding her guilty of matrimonial offence as she knows that no harm could be caused to her even if she is held to have treated the husband with cruelty because she has already obtained sufficient favourable orders from the Federal Circuit and Family Court in Australia.
Family Court can’t deny relief in cases of dissolution of marriage based on mutual consent, on the ground that spouses are living under same roof: Karnataka HC
The High Court was bewildered that such a flawed rationale was applied to deny relief to an estranged couple.
Irretrievable Breakdown of Marriage: Decoding Supreme Court judgment on grant of divorce under Article 142 of Constitution; waiver of 6 month’s cooling off period
Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach as to the exercise of the Constitutional power, observed the Supreme Court
Supreme Court can dissolve marriages on “irretrievable breakdown” by invoking powers under Article 142; holds Constitution Bench
The Supreme Court also held that the mandatory waiting period of 6 months for divorce by mutual consent can be dispensed subject to requirements and conditions laid down in previous Supreme Court judgments.
Writ petition under Article 226 of the Constitution cannot be filed for seeking alteration in contract: Delhi High Court
The Delhi High Court held that a borrower cannot ask for alteration of contract by way of a writ petition and a contract can only be altered through mutual consent between the parties.
Whether denial of sex can qualify as “exceptional depravity” under S. 14 of the Hindu Marriage Act and allow waiver of one-year mandatory period? Del HC unfolds
Delhi High Court: Noting that, Section 14 of the Hindu Marriage Act intends to discourage the couples from breaking the sacred bond
Family Court grants divorce by mutual consent under S. 13-B where parties refuse to cohabit and resolve disputes
Family Court, Ahmednagar: Netra A Kank, J., allowed a petition granting a decree of divorce by mutual consent to the petitioners. The
Divorce by Mutual Consent: Family Court dissolves marriage where husband and wife had difference of opinions and incompatible temperament
Family Court Pune: M.R. Kale, J., granted a decree of divorce by mutual consent to a couple who due to difference of
MP HC | Waiting period will only prolong their agony; Court waives off cooling period in divorce proceedings
Madhya Pradesh High Court: S.A. Dharmadhikari, J., decided in the matter of the petition which was filed challenging the order passed by
Husband and Wife separated for more than 1 year. Will 6 months period be waived, if divorce is sought mutually under S. 28 of Special Marriage Act? Pune Family Court decides
Family Court No. 3, Pune: M.R. Kale, J., addressed a petition for divorce by mutual consent under Section 28 of the Special
[Child Marriage] P&H HC | Where minor wife fails to obtain decree of nullity before attaining age of majority, the marriage becomes a valid one; HC interprets
Punjab and Haryana High Court: The Division Bench of Ritu Bahri and Arun Monga, JJ., held that in case of child marriage,
P&H HC | Amandeep Singh’s case has not been appreciated in its real sense by the Family Court; HC allows waiving off mandatory 6 months period for divorce
Punjab and Haryana High Court: G. S. Sandhawalia, J., allowed the application for waiving off the mandatory period of six months for
Chh HC | Judicial separation in place of divorce not to be granted mechanically in applications for divorce by mutual consent; Serious dispute not pre-requisite for seeking mutual consent
Chhattisgarh High Court: A Division Bench of Prashant Kumar Mishra and N.K. Chandravanshi, JJ., reversed a decree of judicial separation passed by
Del HC reiterates SC’s position on “duty of the Courts to encourage genuine settlements of matrimonial disputes”
Delhi High Court: Anu Malhotra, J., dismissed the petition in view of the dispute being settled mutually. The instant petition sought quashing of
[S. 125 CrPC] Bom HC | Wife cannot be denied maintenance on ground of having a source of income
Bombay High Court: N.J. Jamdar, J., while addressing a revision application with regard to maintenance under Section 125 of Code of Criminal
Utt HC | No higher Court can direct a subordinate court to pass judgment or decree in favor of either of the parties
Uttaranchal High Court: Lok Pal Singh, J. dismissed a writ petition where mandamus was sought to direct the Principal Judge of Family
Ker HC | Deed of cancellation of sale can be registered only if executed with mutual consent of all parties to the sale
Kerala High Court: The Bench of Alexander Thomas, J. hearing a civil writ petition, considered the legal validity of unilateral cancellation of
Decree for dissolution of marriage by mutual consent procedurally unsound if not based on satisfaction of grounds stated in Section 10A of the Divorce Act, 1869
Kerala High Court: A Division bench comprising of C.K. Abdul Rehim and R. Narayana Pisharadi, JJ. allowed an appeal against the judgment