FIRST LAW

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.

The Delhi High Court on Tuesday ruled that o nce a party decides to have a second thought and on reflection, backs off, the concerned court cannot compel the defaulting party to give its consent on the basis of an earlier settlement / undertaking.

Hindu Marriage Act, 1955 -  Section 13B -    Divorce by mutual consent -   Parties  want to remarry after decree of divorce - Having stated so it further fortifies the intention to get separated and the waiting period will only prolong their agony.

The Bombay High Court in  Harshada Bharat Deshmukh Vs. Bharat Appasaheb Deshmukh on Friday 6, April 2018 held that  Family Court will not insist upon the presence of the parties before the Court and would arrange for the consent terms to be recorded either through skype or adopting any other technology and the proceedings contemplated under Section 13B of the Hindu Marriage Act in the time schedule specified therein.

Family Courts Act, 1984 -  S. 19 -  Hindu Marriage Act, 1955 - Ss. 13B &  28  -  Divorce by mutual consent -  Wife has preferred appeal against the decree for dissolution of marriage passed with the consent of the parties by the Family Court - Whether  a decree passed by consent can be challenged by way of appeal ?

Constitution of India -  Article 142 -  Hindu Marriage Act , 1955 - S.13 B -  granted the decree of divorce by mutual consent by waiving the statutory period of waiting.