FIRST LAW

The Hindu Marriage Act, 1955 - Section 5 - A marriage solemnized between a male and a transwoman, both professing Hindu religion, is a valid marriage - the Registrar of Marriages is bound to register the same.

Hindu Marriage Act, 1955 - Section 13(1)(i-b) - Divorce - Ground of Desertion - Where divorce has been sought on the ground of desertion only, the court cannot grant divorce on the ground of cruelty.

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.

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.

Civil P.C. 1908 - O. 9 R. 13 -  Family Courts Act, 1984 - S. 19 - Hindu Marriage Act, 1955 - Ss. 13(1)(ia), 13(1)(ib) & 13(1)(iii) -  Defendant who has suffered an ex parte decree passed by the Family Court has right of appeal against such decree though he has not exercised his remedy under Order IX Rule 13 of the Code.

Code of Criminal Procedure, 1973 - Section 125 - Family Court Act, 1984 - Section 19 - Hindu Marriage Act, 1955 - Sections 24, 28 - Husband has to maintain and must maintain his wife, that being pious obligation to discharge as per Hindu Shastra.

Hindu Marriage Act, 1955 - S.15 - Interpretation of - Divorced persons when may marry again - Principles of Purposive Construction - the restriction placed on a second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the appeal.

Hindu Marriage Act, 1955 -  S.12(1)(a) -  Voidable Marriages - mere non-consummation of marriage is not sufficient for granting a decree for annulment of marriage. Non-consummation of marriage shall be due to the impotence of either spouse. [Para 10]

Civil Procedure Code, 1908 - S. 24 & 25 -  Hindu Marriage Act, 1954 -  Section 9 -  Cases relating to transfer of matrimonial proceedings, it is the convenience of the wife, which has to be looked at.

Hindu Marriage Act, 1955  - The family court or even High court cannot grant a decree of divorce on the ground of irretrievable break down of marriage as it is not a ground under the Hindu Marriage Act.

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.

The Delhi High Court on Tuesday 15th May 2018 in the matter of  Rajat Gupta & Others Vs. Rupali Gupta & Others answered four questions of law under Section 13B of the Hindu Marriage Act, 1955 and one of them are given below:

Hindu Marriage Act, 1955 -  Ss. 13B(1) & 13(B)(2) -  Whether a party, which has under a settlement agreement decreed by a Court undertaken to file a petition under Section 13B(1) or a motion under Section 13B(2) of the Act, 1955 or both and has also undertaken to appear before the said Court for obtaining divorce can be held liable for  contempt, if the said party fails to file or appear in the petition or motion or both to obtain divorce in view of the option to reconsider/renege the decision of taking divorce by mutual consent under Section 13B(2) of the Act?

In order to get a decree for divorce on the ground of desertion, the party who approach the court alleging desertion is supposed to prove that the opposite party willfully stayed away from him/her company and abstained from cohabitation without any reason that too with the intention to put an end to the marital relationship.

Hindu Marriage Act, 1955 -  S. 13B -  Mutual Divorce -  Power of Attorney holder -  there is no legal lacunae in filing of the petition through a registered Power of Attorney -  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.

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.

Hindu Marriage Act, 1955 - S. 13(B)(2) - Decree of divorce can be passed even before expiry of waiting period of six months, by waiving the period, if the circumstances so require.

Hindu Marriage Act, 1955 - S. 24 - A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendente lite alimony.