'Personal Inconvenience' Of Couple Not A Ground To Waive Cooling Off Period For Mutual Consent Divorce: Madhya Pradesh HC [Read Order]
5 years, 8 months ago

'Personal Inconvenience' Of Couple Not A Ground To Waive Cooling Off Period For Mutual Consent Divorce: Madhya Pradesh HC [Read Order]

Live Law  

Personal inconvenience of the parties cannot be a ground to waive the period of 6 months as provided under Section 13-B of the Hindu Marriage Act, the Madhya Pradesh High Court has held. The couple, who had filed a divorce by mutual consent plea before the Family court, had sought waiver of 6 months cooling off period. The High Court took note of the judgment in Amardeep Singh Vs. Harveen Kaur which had held that period mentioned in Section 13-B of the Hindu Marriage Act is not mandatory in nature and it is directory in nature and the Trial Court can waive the period of 6 months after exercising its jurisdiction in the facts and circumstances of each case, where there is no possibility of cohabitation and there are chances of alternative rehabilitation. The court said: "Once the parties have approached the Court seeking relief under any particular provision of law, then they have to abide by the procedure provided under the statute and if they want that the Trial Court must exercise its jurisdiction by waiving the period of 6 months as provided under Section 13-B of Hindu Marriage Act, then they should have pointed out that there is no possibility of cohabitation or there is a possibility of alternative rehabilitation, but the personal inconvenience of the parties cannot be a ground for the Trial Court to waive the period of 6 months as provided under Section 13-B of the Hindu Marriage Act."

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History of this topic

Madhya Pradesh High Court Annual Digest Part II : Citations 134-338
2 days ago

Madhya Pradesh High Court Annual Digest Part II : Citations 134-338

Live Law  

Citations: 2024 LiveLaw 134 to 2024 LiveLaw 338 Married Woman Cannot Prosecute Accused For Rape On False Promise To Marry, Her Consent Not Based On Misconception: MP High Court Case Title: Abhishek Arjariya Vs. Music Band Training Optional For Police Constables, Can't Send Them For Band Practice Without Written Consent: MP High Court Case Title: Pankaj Shukla And Others Versus …

Madhya Pradesh High Court Paves Way For Major Couple To Reside Together But Expresses Concern Over Live-In Relationship At 'Tender Age'
6 days, 22 hours ago

Madhya Pradesh High Court Paves Way For Major Couple To Reside Together But Expresses Concern Over Live-In Relationship At 'Tender Age'

Live Law  

The Madhya Pradesh High Court recently allowed a major couple to reside together without wedlock considering the fact that both the petitioners were above 18 years of age and thus, their choice needs to be protected. 1 is less than 21 years of age because both the petitioners are shown to be major being above 18 years of age and …

Wife's Patience & Silence To Save Marital Life Reflects Sincerity, Not Weakness: Madhya Pradesh High Court
2 weeks, 3 days ago

Wife's Patience & Silence To Save Marital Life Reflects Sincerity, Not Weakness: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has observed that if a wife maintains patience and silence with the sole intention of saving her matrimonial life, it cannot be said that it is her weakness; on the contrary, it shows her sincerity towards her marital life. The wife lodged the FIR under Sections 498-A, 323, 294, 506, 34 of IPC and under …

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family
3 weeks ago

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family

Live Law  

The Indore Bench of Madhya Pradesh High Court in a recent ruling allowed the medical termination of a woman's pregnancy on account of matrimonial dispute and alleged domestic violence by her husband and his family members. of NCT of Delhi, Justice Subodh Abhyankar observed, "this Court is of the considered opinion that on account of the petitioner's dispute with her …

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree
4 weeks ago

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree

Live Law  

By way of an interim direction, the Madhya Pradesh High Court has restrained a man from solemnizing second marriage during the pendency of his ex-wife's appeal against the decree of divorce dissolving their marriage. The counsel for the appellant submitted, “First appeal is pending before this Hon'ble court and the respondent is going to perform second marriage on 13th of …

Long Separation, Absence Of Cohabitation, Complete Breakdown Of Bonds Between Spouses Is Cruelty U/S 13(1)(ia) HMA: MP High Court
Trending News
4 weeks ago

Long Separation, Absence Of Cohabitation, Complete Breakdown Of Bonds Between Spouses Is Cruelty U/S 13(1)(ia) HMA: MP High Court

Live Law  

The Madhya Pradesh High Court has observed that long separation, absence of cohabitation, the complete breakdown of all meaningful bonds and the existing bitterness between the spouses must be read as 'cruelty' under Section 13 of the 1955 Act. With this, the Court allowed an appeal filed by the Husband challenging a family court order whereby his application filed under …

Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce
1 month, 2 weeks ago

Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce

Live Law  

Finding a woman entitled to a divorce decree, the Gwalior bench of Madhya Pradesh High Court said that once the relationship between the couple had "reached irretrievable breakdown" along with desertion of over five yers, then compelling them to live together won't serve any purpose by granting a "judicial separation" decree. The appellant/wife had filed an appeal under Section 28 …

Termination of Pregnancy Without Husband’s Consent Amounts to Cruelty: Madhya Pradesh HC
4 months, 1 week ago

Termination of Pregnancy Without Husband’s Consent Amounts to Cruelty: Madhya Pradesh HC

News 18  

The Madhya Pradesh High Court has ruled that the termination of pregnancy without the husband’s consent constitutes cruelty under Section 13 of the Hindu Marriage Act, 1955, while upholding the dissolution of marriage between the appellant and the respondent on the grounds of cruelty and desertion. The court, presided over by Justice Vivek Rusia and Justice Binod Kumar Dwivedi, examined …

Bombay High Court waives cooling off period for estranged couple, says realistic approach needed
5 months ago

Bombay High Court waives cooling off period for estranged couple, says realistic approach needed

The Hindu  

Change in social conditions and a rapidly evolving society require a realistic approach to be adopted, the Bombay High Court has said while granting divorce to a couple and waiving the mandatory six months cooling off period. Once the court is satisfied that the parties have taken a conscious decision to separate and move ahead and there is no possibility …

Women Entitled to Maintenance: Madhya Pradesh High Court Rules on Breakup After Live-in Relationship
9 months ago

Women Entitled to Maintenance: Madhya Pradesh High Court Rules on Breakup After Live-in Relationship

News 18  

In a ruling recognising the rights of women in a live-in relationship, the Madhya Pradesh High Court said a woman living with a man for a considerable period is entitled to maintenance upon separation, even if they are not legally married. According to an NDTV report, the Madhya Pradesh HC delivered the judgement while hearing a case of a petitioner …

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial
9 months, 3 weeks ago

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial

Live Law  

The Rajasthan High Court has asked the family courts to sparingly grant adjournments during the pendency of divorce petitions, to realise the objective behind Section 21B of the Hindu Marriage Act, 1955. The writ petition was originally filed seeking the court's interference for the expeditious disposal of a petition for dissolution of marriage under Section 13 of the Hindu Marriage …

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC
10 months ago

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC

Hindustan Times  

The Allahabad high court has emphasised the need for amending the grounds for divorce under the Hindu Marriage Act, 1955, to address modern day situations. The court allowed a first appeal moved by a doctor, who had challenged the order of the family court, Moradabad that rejected his divorce petition. Allowing a first appeal moved by a doctor, who had …

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court
11 months, 4 weeks ago

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court

India Today  

The Madhya Pradesh High Court recently ruled that a woman refusing to have physical relations with her husband amounts to "mental cruelty" and is a valid ground for him to seek divorce under the Hindu Marriage Act. A division bench of Justices Sheel Nagu and Vinay Saraf set aside the decision of a Bhopal family court in 2014 which had …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 2 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

Mutual Divorce: Family Court Can't Reject Application To Waive Cooling Off Period In Mechanical Manner, Says Allahabad High Court
1 year, 3 months ago

Mutual Divorce: Family Court Can't Reject Application To Waive Cooling Off Period In Mechanical Manner, Says Allahabad High Court

Live Law  

The Allahabad High Court has held that the family court ought not to reject an application filed for waving of the statutory six-month cooling off period in divorce proceedings under Section 13B of the Hindu Marriage Act, 1955 in a mechanical manner. The Court noted that the Family Court had made a ‘superficial observation’ regarding the parties living separately for …

Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court
1 year, 7 months ago

Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court

Live Law  

Dismissing a petition for invoking contempt proceedings against the Respondent-wife for violating terms of settlement with her husband, the Himachal Pradesh High Court has ruled that parties have an indefeasible and absolute right to withdraw their consent/petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. Justice Satyen Vaidya, while clarifying that the Respondent's right to …

A Watershed Moment: SC Order on Divorce Makes Room for Dignity, Mitigates Stigma
1 year, 7 months ago

A Watershed Moment: SC Order on Divorce Makes Room for Dignity, Mitigates Stigma

The Quint  

In India, laws around marriage and divorce are governed largely by the religious laws like Hindu Marriage Act,1955, the Indian Christian Marriage Act, 1872 and the relevant Muslim laws with the exception of the Special Marriage Act, 1954 wherein the divorce procedures apply to interfaith couples who have registered their marriage under the said Act. In the current case, the …

Divorce can be granted on ‘grounds of irretrievable breakdown’: Supreme Court
1 year, 8 months ago

Divorce can be granted on ‘grounds of irretrievable breakdown’: Supreme Court

The Hindu  

The Supreme Court on May 1 held its extraordinary discretion under Article 142 of the Constitution can be used to do “complete justice” for couples trapped in bitter marriages by granting them divorce by mutual consent, thus sparing them the “misery” of waiting for six to 18 months for a local court to declare the annulment final. Taking this logic …

Karnataka High Court Issues Directions To Ensure Time Bound Disposal Of Maintenance Applications U/s 24 Hindu Marriage Act
1 year, 10 months ago

Karnataka High Court Issues Directions To Ensure Time Bound Disposal Of Maintenance Applications U/s 24 Hindu Marriage Act

Live Law  

The Karnataka High Court has issued directions to trial courts to follow a timeline, in deciding applications filed by estranged women seeking maintenance from their respective husbands under section 24 of the Hindu Marriage Act. The term “as far as possible” is being interpreted that the Court can pass orders even after six months in some cases, two years, three …

"Husband-Wife Expected To Live Together With Sense Of Adjustment": MP High Court Upholds RCR Decree As Wife Reconciles With Husband
2 years, 5 months ago

"Husband-Wife Expected To Live Together With Sense Of Adjustment": MP High Court Upholds RCR Decree As Wife Reconciles With Husband

Live Law  

"It needs no mention that institution of marriage is a pious institution with solemnity attached to it. It is the duty of the couple to maintain that status with utmost sense of mutual trust and faith," observed the Madhya Pradesh High Court recently. In view of the compromise between the husband and the wife, the court, at the outset, appreciated …

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived
2 years, 9 months ago

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived

Live Law  

The Madhya Pradesh High Court recently held that the period of one year of living in separation is a must to the filing of an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act and that waiver of this period under Section 14 of the Act is not permissible. The Court examined the provisions under …

'Parties Are Educated & Aware Of Their Rights': Rajasthan High Court Waives 6 Months Cooling Off Period For Divorce By Mutual Consent
2 years, 11 months ago

'Parties Are Educated & Aware Of Their Rights': Rajasthan High Court Waives 6 Months Cooling Off Period For Divorce By Mutual Consent

Live Law  

The Rajasthan High Court has allowed a joint application filed by the petitioner-wife and the respondent-husband for waiver of six months cooling off period prescribed under Section 13-B of the Hindu Marriage Act, 1955 for divorce by mutual consent. In light of the facts and circumstances of the case, particularly the fact that the parties are sufficiently educated and are …

Existence of A Dispute Not A Pre Requisite For Grant of Divorce By Mutual Consent: Chhattisgarh High Court
3 years, 3 months ago

Existence of A Dispute Not A Pre Requisite For Grant of Divorce By Mutual Consent: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has held that the existence of a serious dispute between husband and wife is not a prerequisite for the grant of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955.A Division Bench of Justice Prashant Kumar Mishra and N.K. The Chhattisgarh High Court has held that the existence of a serious dispute …

Lower Court's Insistence On 6-Month Wait Uncalled For, Marriage Irretrievably Broken: Punjab & Haryana High Court Waives Off Six Months Period
3 years, 7 months ago

Lower Court's Insistence On 6-Month Wait Uncalled For, Marriage Irretrievably Broken: Punjab & Haryana High Court Waives Off Six Months Period

Live Law  

The Punjab & Haryana High Court recently observed that approach adopted by the lower Court in insisting the parties to wait for another six months for a second motion hearing, when when the marriage between the parties has irretrievably broken, is totally uncalled for.The Bench of Justice Arun Monga Said:"The marriage between the parties has irretrievably broken and now they …

[Divorce] Both Parties Educated & Thus, Presumed To Know Their Best Interests: P & H HC Orders Waiver Of 6 Month Cooling-Off Period [Read Order]
4 years, 4 months ago

[Divorce] Both Parties Educated & Thus, Presumed To Know Their Best Interests: P & H HC Orders Waiver Of 6 Month Cooling-Off Period [Read Order]

Live Law  

Noting that both parties to the marriage are over the age of 30 and are educated and that they would therefore be presumed to know as to what would be in their best interest, the Punjab and Haryana High Court has ordered waiver of the compulsory six-month cooling off period before their divorce by mutual consent. They filed an application …

Wife Not Entitled To Maintenance If Allegation Of Adultery Is Proved Against Her: Bombay HC [Read Order]
5 years ago

Wife Not Entitled To Maintenance If Allegation Of Adultery Is Proved Against Her: Bombay HC [Read Order]

Live Law  

The Bombay High Court has held that if allegations of adultery are proved against the wife in a marriage, she is not entitled to maintenance Justice NW Sambre was hearing two criminal writ petitions filed by one Sanjivani Kondalkar who challenged a judgment of the Additional Sessions Judge, Sangli allowing a revision application filed by the petitioner's husband seeking cancellation …

Supreme Court Allows Divorce By Mutual Consent: A Milestone in Matrimonial Dispute Resolution
6 years, 10 months ago

Supreme Court Allows Divorce By Mutual Consent: A Milestone in Matrimonial Dispute Resolution

Live Law  

The Supreme Court has allowed divorce by mutual consent in a matrimonial case by closing a prolonged litigation. The court heard an appeal against a judgment of the High Court of Andhra Pradesh and Telangana and aided the couple in reaching an amicable settlement. The court also directed both parties not to initiate any case or petition or any complaint …

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