FIRST LAW

The Divorce Act 1869 - Section 10A – joint applications seeking dissolution of marriage - Waiver of the statutory waiting period - a liberal approach is warranted.

Special Marriage Act, 1954 - S. 28 -  Hindu Marriage Act, 1955 - S. 13B  -  Divorce Act, 1869 - S. 10A - The beneficiaries under the provisions of different statutes are persons who want divorce by mutual consent and who file joint petition for that relief -  There can be no discrimination among them on the ground of religion - Divorce by mutual consent is a secular concept.

Code of Civil Procedure, 1908 - Order XXIII Rule 1(3) - the plaintiff can seek permission to withdraw from the suit with liberty to file a fresh suit in respect of the subject matter of such suit, on two grounds: (1) The suit must fail by reason of some formal defect, or (2) There are sufficient grounds for allowing him to institute a fresh suit.

Hindu Marriage Act, 1955 - S.15 - R emarriage of the spouse who obtained the ex parte decree of divorce will not render the application filed by the opposite spouse for setting aside the ex parte decree infructuous and that the application in that regard has to be considered on its own merits notwithstanding the remarriage.

Family Courts Act, 1984 - Section 19 - Divorce Act, 1869 - Section 10A - A decree of dissolution of marriage passed on mutual consent cannot be “a decree or order passed with the consent of the parties”. A decree dissolving the marriage under Section 10A of the Act is made based on the satisfaction of the court regarding existence of certain basic ingredients and statutory requirements. Such a decree cannot be termed as a decree passed merely on consent of the parties.