DIVORCE LAW

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is a further hiatus period provided under sub-section (2) of Section 13B of the said Act as the second motion has to be presented not earlier than six (6) months after the date of presentation of the petition referred to in sub-section (1) [not more than eighteen (18) months after the said date] if the earlier petition is not withdrawn in the mean time. On the satisfaction of the Court a decree for dissolution of the marriage can be passed. It is now settled legal position that this period of six (6) months cannot be waived by either the trial court or the High Court and the only exception to the same is the Supreme Court exercising power under Article 142 of the Constitution of India. Where the Supreme Court finds an irretrievable breakdown of marriage it can do complete justice under the said Article. Supreme Court in Anil Kumar Jain v. Maya Jain (2009) 10 SCC 415 (para 17) has held: This doctrine of irretrievable break-down of marriage is not available even to the High Courts which do not have powers similar to those exercised by the Supreme Court under Article 142 of the Constitution. Neither the civil courts nor even the High Courts can, therefore, pass orders before the periods prescribed under the relevant provisions of the Act or on grounds not provided for in Section 13 and 13-B of the Hindu Marriage Act, 1955. Divorce Law – An Overview
Also see Chetan Dass v. Kamla Devi (2001) 4 SCC 250 (para 14). Procedure for Filing for Divorce The procedure for seeking a divorce by mutual consent, is initiated by filing a joint petition, supported by affidavits from both partners, in the Family Court of the concerned district. This is known as the First Motion Petition for Mutual Consent Divorce, this should contain a joint statement by both partners, that due to their irreconciliable differences, they can no longer stay together and should be granted a divorce by the court. After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they are required to reappear in the court. A gap of six months is given between the two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage, this is often called the „cooling off period”. After hearings from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree. Mutual Consent Divorce: withdrawal of consent by one Divorce Law – An Overview
Page 1 and 2: DIVORCE LAW AN OVERVIEW Divorce Law
Page 3 and 4: Index What is Divorce? What are the
Page 5 and 6: dissolution of marriage and is basi
Page 7: Sexual impotency or inability to pe
Page 11 and 12: “...the section does not provide
Page 13 and 14: fast rule about it since the decisi
Page 15 and 16: Mental cruelty in Section 13(l)(ia)
Page 17 and 18: other than a Hindu religion does no
Page 19 and 20: Swarajya Lakshmi V. G.C. Padma Rao
Page 21 and 22: ‣ A girl is entitled to file for
Page 23 and 24: and tear of everyday life and the s
Page 25 and 26: The recent trend is to eliminate de
Page 27 and 28: Divorce Law - An Overview

DIVORCE LAW

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