Share Tweet Plus One Pin It Email Print By: Apoorva Mandhani May 18, 2018 1:00 pm Change Font Size In a significant judgment, the Delhi High Court on Tuesday asserted that Courts cannot compel a party to give their consent for divorce by mutual consent despite them having entered into a settlement agreement under Section 13B of the Hindu Marriage Act. The Bench comprising Justice Hima Kohli and Justice Deepa Sharma was hearing a reference by a Single Judge posing the following four questions of law: 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 … [Read more...] about Despite Settlement Agreement, Courts Cannot Compel Party To Consent To Mutual Divorce: Delhi HC [Read Judgment]
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Allahabad High Court recently held that parties may withdraw their consent once granted for Divorce by mutual consent, at any time before the passing of the decree.Hindu Marriage Act, 1955 provides two modes for divorce namely (i) on the grounds mentioned under Section 13 of the Act or (ii) on mutual consent for which a petition has to be presented by both the parties to the marriage and after interregnum period of six months they again attorn their consent before the Court.The Court has considered the issue as to whether consent given at the initial stage for divorce can be withdrawn at the later. Relying on various Supreme Court Judgments, Justice Ram Surat Ram (Maurya) held that if petition for divorce is not formally withdrawn and is kept pending then on the date when the court grants the decree, the court has a statutory obligation to hear the parties to ascertain their consent. From the absence of one of the parties for two to three days, the court cannot presume his/her … [Read more...] about Parties can withdraw Consent for Divorce once granted, at any time before passing a Decree; Allahabad HC [Read Judgment]
UK lawyers and restructuring professionals have been highlighting their concerns for British business and Financial Markets if the Government is unable to negotiate a bespoke treaty between the UK and the EU to preserve the mutual and reciprocal recognition provisions written into the Recast EU Insolvency Regulation (Recast EIR) and the Recast Brussels Regulation (the Judgements Regulation) after Brexit in 2019.The Recast EIR currently provides for the automatic recognition of UK insolvency appointments and proceedings in each of the other 27 Member States. The Judgments Regulation facilitates the automatic recognition and enforcement of court judgments across the EU. This applies to all types of cross-border civil and commercial judgments, including insolvency. It is particularly important for the enforcement of English schemes of arrangement (which are not insolvency proceedings and so not covered by the Recast EIR) within the EU.R3 (the UK’s Insolvency and Restructuring … [Read more...] about Mutual Recognition- It Takes Two…..
Share Tweet Plus One Pin It Email Print By: Live Law July 9, 2018 6:43 am Change Font Size Soon after retirement, Justice RK Agrawal was appointed the President of the National Consumer Disputes Redressal Commission. The day before his retirement, Justice AK Goel was appointed the Chairperson of the National Green Tribunal. Manu Sebastian criticizes these appointments as being reflective of a “mutual bonhomie between Executive and Judiciary”.  Sebastian argues that all these appointments took place within a short span of the retirements of these judges, which “…certainly casts a cloud over judicial decisions rendered during their tenure in cases involving stakes of the respective governments…” Sebastian proceeds to illustrate his premise by reference to the Court’s decision in Rojer Mathew v. South Indian Bank Ltd., where Goel, J. was the Presiding Judge. Reference is made to the submission of the Amicus Curiae in that … [Read more...] about [Debate] A Reply To The Article “Immediate Post-Retirement Appointment of Judges: Mutual Bonhomie between Executive And Judiciary?”
A recently released report on the European Union's (EU) Single Market Policy identified the food sector as one of five sectors where problems with the correct application of mutual recognition exist. The report, Evaluation of the Application of the mutual recognition principle in the field of goods, is based on an evaluation, carried between June 2014 and May 2015, to identify shortcomings with the principle of mutual recognition.The report provides specific examples of problems with the application of mutual recognition to the manufacture and marketing of food-contact materials. One example involves a Swedish company that produces paper products for food packaging. The company has been required by its Italian customer to do additional testing of its products to comply with Italy's national legislation concerning paper in contact with food, even though the company's products already comply with regulations in Sweden and other Member States. The report also discusses the … [Read more...] about EU’S Principle of Mutual Recognition Not Always Understood or Applied Correctly to Food-Contact Materials, Report Finds