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Friday, June 18, 2010

HINDU MARRIAGE ACT, 1955

S.13-B--Divorce by mutual consent--Only one of parties (husband) had appeared on date, petition was fixed after expiry of statutory period of six months after recording their initial statements at time of presentation of petition--Grant of divorce by way of mutual consent when continuing consent was not available which is sine qua non for passing a decree of divorce under Section 13-B--Is liable to be set aside.; Prem Lata v. Ashok Kumar, ; 2010(1) Law Herald (P&H) 782
S.13-B--Divorce by mutual consent--Requirements are-;
(i) They have been living separately for a period of one year.;
(ii) They have not bee able to live together and ;
(iii) They have mutually agreed that marriage should be dissolved; Prem Lata v. Ashok Kumar, ; 2010(1) Law Herald (P&H) 782