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True Colors of a Vile Wife

Tag: HM Act Sec 13B – Divorce by Mutual Consent

Ekta Kapur Vs Kunal Kapur on 21 May 2025

Posted on July 15 by ShadesOfKnife

In a sweet twist of events, a well-reasoned contested Divorce Judgment (on the ground of cruelty) is converted into a nice MCD settlement by a division bench of the Apex Court…

From Para 3,

3. The present appeal has been filed by the appellant-wife against the impugned judgment dated 02.04.2024 passed by the High Court of Delhi in MAT.APP.(F.C.) 321/2018, by which divorce has been granted under Section 13(1)(ia) of the Hindu Marriage Act, 1955 to the respondent-husband.

but from Para 8,

8. Accordingly, we dispose of the present appeal in terms of the settlement arrived at between the parties as noted above. The terms and conditions be strictly complied with by the respective parties within the time frame indicated in the settlement. Further, the impugned judgment passed by the High Court stands set aside and the parties are granted a decree of divorce by mutual consent. Registry to draw up a decree accordingly.

From Paras 11 and 12,

11. As the details of such cases/complaints are not specifically written in the settlement, we deemed it appropriate to ask the learned senior counsel, who have furnished the details of such cases/complaints. Accordingly, as per the list furnished by them, the following cases stand not only quashed but all observations made against any of the parties stand expunged:-
1. Petition u/s 125 Cr.P.C. filed by petitioner/wife against respondent-husband, bearing no.MT No.447/23 before Mr. Anil Kumar, PJFC, Dwarka, Delhi.
2. Petition u/s 12 of DV Act filed by petitioner/wife against respondent/husband and his family members, bearing no.MC No.712/23 before Ms. Surbhi, JMFC, Dwarka, Delhi.
3. Police complaint by petitioner/wife against respondent/husband and his parents at P.S. Dwarka (Dabri Moor), Delhi.
4. Police complaint by petitioner/wife against respondent/husband and his parents at P.S. Sector 56, Gurugram, Haryana.
12. Since we have expunged those remarks, in law, the said observations/remarks do not exist anymore and thus, any media link showing such expunged remarks will have to be mandatorily put down and if the same is not done, it is open for the parties to approach the concerned competent authority which shall ensure that the same are taken off the link.

Ekta Kapur Vs Kunal Kapur on 21 May 2025
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Ekta Kapur Vs Kunal Kapur HM Act - Mental Cruelty Proved HM Act Sec 13B - Divorce by Mutual Consent | Leave a comment

Sneha Akshay Garg and Anr Vs Nil on 25 Jul 2024

Posted on August 10, 2024 by ShadesOfKnife

A single judge bench of Bombay High Court at Bombay held as follows,

From Para 9,

9. Normally, we come across cases where parties continue to fight, though there is no possibility of reconciliation. In such cases, the parties are encouraged to explore the possibility of an amicable settlement and are even referred for mediation so that they can put an end to the litigation. However, when the parties apply for divorce by mutual consent, they have taken a conscious decision to separate and thus have shown a reasonable approach. Such a decision shows that they have decided to move ahead, and thus, there is every chance of rehabilitation. The newly married couple not being able to reside together, or a couple married for quite some time is unable to continue to stay together for various reasons, itself would be a mental agony. Thus, once the Court is satisfied that the parties have taken a conscious decision to separate and move ahead and that there is no possibility of reconciliation, the Court should adopt a realistic approach and exercise the discretion to waive the waiting period. Hence, it is the duty of the Court to assist the parties by exercising the discretion to waive the cooling off period and free them from the stress of their application for divorce remaining pending.

Sneha Akshay Garg and Anr Vs Nil on 25 Jul 2024

Index of Divorce Judgments is here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision 6 Months Cooling Period is Directional and not Mandatory Amardeep Singh Vs Harveen Kaur HM Act Sec 13B - Divorce by Mutual Consent Mutual Consent Divorce Sneha Akshay Garg and Anr Vs Nil | Leave a comment

Mohd. Shamim and Ors Vs Nahid Begum and Anr on 07 Jan 2005

Posted on May 22, 2024 by ShadesOfKnife

 

 

Copy from eSCR website:

Mohd. Shamim and Ors Vs Nahid Begum and Anr on 07 Jan 2005 (eSCR)

Copy from Supreme Court website:

Mohd. Shamim and Ors Vs Nahid Begum and Anr on 07 Jan 2005

Citations:

Other Sources:
https://indiankanoon.org/doc/1180451/
https://www.casemine.com/judgement/in/5609ae18e4b0149711412f2d

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision HM Act Sec 13B - Divorce by Mutual Consent Mohd. Shamim and Ors Vs Nahid Begum and Anr | Leave a comment

Ruchi Agarwal Vs Amit Kumar Agrawal and Ors on 5 Nov 2004

Posted on May 22, 2024 by ShadesOfKnife

A division bench of the Apex Court held that Once MCD done with no future claims, maintenance cannot be claimed later.

It is based on the said compromise the appellant obtained a divorce as desired by her under Section 13(B) of the Hindu Marriage Act and in partial compliance of the terms of the compromise she withdrew the criminal case filed under Section 125 of the Criminal Procedure Code but for reasons better known to her she did not withdraw that complaint from which this appeal arises. That apart after the order of the High Court quashing the said complaint on the ground of territorial jurisdiction, she has chosen to file this appeal. It is in this background, we will have to appreciate the merits of this appeal.

Learned counsel appearing for the appellant, however, contended that though the appellant had signed the compromise deed with the above-mentioned terms in it, the same was obtained by the respondent-husband and his family under threat and coercion and in fact she did not receive lump sum maintenance and her Stridhan properties, we find it extremely difficult to accept this argument in the background of the fact that pursuant to the compromise deed the respondent-husband has given her a consent divorce which she wanted thus had performed his part of the obligation under the compromise deed. Even the appellant partially performed her part of the obligations by withdrawing her criminal complaint filed under Section 125. It is true that she had made a complaint in writing to the Family Court where Section 125 Cr.P.C. proceedings were pending that the compromise deed was filed under coercion but she withdrew the same and gave a statement before the said court affirming the terms of the compromise which statement was recorded by the Family Court and the proceedings were dropped and a divorce was obtained. Therefore, we are of the opinion that the appellant having received the relief she wanted without contest on the basis of the terms of the compromise, we cannot now accept the argument of the learned counsel for the appellant. In our opinion, the conduct of the appellant indicates that the criminal complaint from which this appeal arises was filed by the wife only to harass the respondents.

Ruchi Agarwal Vs Amit Kumar Agrawal and Ors on 5 Nov 2004

Citations:

Other Sources:
https://indiankanoon.org/doc/1892287/
https://www.casemine.com/judgement/in/5609adf3e4b01497114129dc

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision HM Act Sec 13B - Divorce by Mutual Consent Landmark Case Maintenance after Mutual Consent Divorce Mutual Consent Divorce Reportable Judgement or Order Ruchi Agarwal Vs Amit Kumar Agrawal and Ors | Leave a comment

Amit Kumar Vs Suman Beniwal on 11 Dec 2021

Posted on January 17, 2024 by ShadesOfKnife

In addition to the guidelines issue in Amardeep Singh Vs Harveen Kaur here, Additional guidelines/factors were issued in this case.

From Para 27,

27. For exercise of the discretion to waive the statutory waiting period of six months for moving the motion for divorce under Section 13B (2) of the Hindu Marriage Act, the Court would consider the following amongst other factors:
(i) the length of time for which the parties had been married;
(ii) how long the parties had stayed together as husband and wife;
(iii) the length of time the parties had been staying apart;
(iv) the length of time for which the litigation had been pending;
(v) whether there were any other proceedings between the parties;
(vi) whether there was any possibility of reconciliation;
(vii) whether there were any children born out of the wedlock;
(viii) whether the parties had freely, of their own accord, without any coercion or pressure, arrived at a genuine settlement which took care of alimony, if any, maintenance and custody of children, etc.

Amit Kumar Vs Suman Beniwal on 11 Dec 2021

Index of Divorce cases is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Amardeep Singh Vs Harveen Kaur Amit Kumar Vs Suman Beniwal HM Act Sec 13B - Divorce by Mutual Consent Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Mutual Consent Divorce Reportable Judgement or Order | Leave a comment

Shilpa Sailesh Vs Varun Sreenivasan on 06 May 2015

Posted on September 16, 2021 by ShadesOfKnife

 

Shilpa Sailesh Vs Varun Sreenivasan on 06 May 2015

Citations : [2015 SCC ONLINE SC 1073], [2016 SCC 16 352], [2017 SCC CIV 5 817]

Other Sources :

https://www.casemine.com/judgement/in/581180ed2713e179479dfa29


Final decision between these parties is available here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged HM Act Sec 13B - Divorce by Mutual Consent Irretrievable Breakdown of Marriage Mutual Consent Divorce Referred to Large Bench Shilpa Sailesh Vs Varun Sreenivasan Work-In-Progress Article | Leave a comment

Sethi P V and Shansa Ramesh Vs Nil on 26 Feb 2021

Posted on July 20, 2021 by ShadesOfKnife

Citing various caselaws, Division bench of Kerala High Court held that a General Power of Attorney Holder can ask as an agent of the witness in a Court and depose on his behalf.

Sethi P V and Shansa Ramesh Vs Nil on 26 Feb 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/143432928/

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Dasam Vijay Rama Rao Vs M.Sai Sri HM Act Sec 13B - Divorce by Mutual Consent Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Sethi P V and Shansa Ramesh Vs Nil | Leave a comment

Dasam Vijay Rama Rao Vs M.Sai Sri on 17 June, 2015

Posted on June 25, 2018 by ShadesOfKnife

Hon’ble of Andhra Pradesh High Court has allowed permission for a GPA of a petitioner, to represent the petitioner and depose on his behalf in the court of law.

In view of the above clear cut pronouncement, it is evident that a GPA holder can depose and also lead evidence on behalf of his principal.
Learned Family Court Judge also appears to have entertained an apprehension as to whether the Family Court can entertain an application presented by a legal practitioner in view of the provision contained in Section 13 of the Family Courts Act, 1984.
From the very preamble of the Family Courts Act, 1984, one would gather that every endeavour is required to be made by the Family Court to assist the parties in arriving at a speedy settlement of disputes relating to the marriage and/or family affairs. That explains the reason Section 9 of the said Act provided for an appropriate legal environment for settlement of the disputes in an amicable manner. The parties are not only required to be assisted, but also required to be persuaded by the Judge in arriving at a settlement while keeping in view the importance of protecting and preserving the institution of the marriage between the parties. To the extent possible, the Family Court is required to utilize its skills and wisdom gained over long period of time by careful study of the ills of the society and then finding suitable cure for them and hence, the Family court must try to bring about a reconciliation of the disagreements persisting between the parties. However, when two parties to a marriage come before a Family Court and ask for dissolution of their marriage by mutual consent under Section 13-B of Hindu Marriage Act, 1955, the Court is required to adjourn the motion moved by both parties by a period not earlier than six months, as per sub Section 2 of Section 13-B of the Hindu Marriage Act. Further, Sub Section 2 requires that the Court shall, on being satisfied, after hearing the parties and after making such enquiry as it thinks fit with regard to the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of such decree. Therefore, there may have been a genuine apprehension in the mind of the Family Court Judge as to whether there is any possibility of reconciliation between the parties or change of mind with regard to consent expressed earlier for such dissolution, when the petition is returned by it.
Keeping the very object behind the Family Courts Act, 1984, read with the spirit behind Section 13-B of the Hindu Marriage Act, the Family Court could have entertained the interlocutory application in as much as legal practitioners are not totally forbidden from rendering assistance to the Family Court. One of the reasons why Section 13 of the Family Courts Act, 1984, declared that no party to a suit or proceeding shall be entitled as of right to be represented by a legal practitioner sans technicalities or legal necessities, the parties must be helped by the Court to reconcile the disputes persisting between them. Unlike a traditional setup of the Court, where the Presiding Judge has to maintain not only an equiy distance between the parties to a lis, but also maintain a sense of impartiality towards the cause of both sides and essentially was required to maintain an arms length distance from the parties, in a Family Court, the Judge is donning the robes of a facilitator, a mentor and an expert counselor. A slight tilt in the approach to one of the parties in a Family Court, depending upon the facts and circumstances prevailing in the case and if the ends of justice would be better served by dosing so, is allowable. The emphasis being laid upon essentially preserving the institution and interest of the marriage and the welfare and well-being of the parties etc. Hence, the Family Court is entitled to receive, examine and act upon an affidavit filed by one of the parties before it, acting through a GPA. A petition moved in that regard is maintainable.

Finally,

I am, therefore, of the opinion that the Family Courts are entitled to ascertain the views of the parties and for that purpose adjourning a case by a reasonable period is not to be frowned upon. But, however, if one of the parties, like in the present case, appears before the Family court and expresses no objection for an affidavit of the other party to be taken on record and is not desirous of cross examining the deponent of the affidavit, the Family Court cam entertain, unhesitatingly any such move/application.
Increasingly Family Courts have been noticing that one of the parties is stationed abroad. It may not be always possible for such parties to undertake trip to India, for variety of good reasons. On the intended day of examination of a particular party, the proceedings may not go on, or even get completed possibly, sometimes due to preoccupation with any other more pressing work in the Court. But, however, technology, particularly, in the Information sector has improved by leaps and bounds. Courts in India are also making efforts to put to use the technologies available. ‘Skype’ is one such facility, which is easily available. Therefore, the Family Courts are justified in seeking the assistance of any practicing lawyer to provide the necessary skype facility in any particular case. For that purpose, the parties can be permitted to be represented by a legal practitioner, who can bring a mobile device. By using the skype technology, parties who are staying abroad can not only be identified by the Family Court, but also enquired
about the free will and consent of such party. This will enable the litigation costs to be reduced greatly and will also save precious time of the Court. Further, the other party available in the Court can also help the Court in not only identifying the other party, but would be able to ascertain the required information.

Dasam Vijay Rama Rao Vs M.Sai Sri on 17 June, 2015

Citations : [2015 ALD 4 757], [2015 ALT 5 150], [2015 AIR AP 191]

Other Sources :

https://indiankanoon.org/doc/123683887/

https://www.casemine.com/judgement/in/5608f8e1e4b01497111439d9

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Advocates Act Section 32 Dasam Vijay Rama Rao Vs M.Sai Sri Family Courts Act Sec 13 HM Act Sec 13B - Divorce by Mutual Consent Legal Procedure Explained - Interpretation of Statutes Private Person or GPA Holder To Act and Plead for Plaintiff Reportable Judgement or Order Skype facility | Leave a comment

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