Case Note & Summary
The case involved an appeal concerning a joint petition for mutual divorce filed under Section 13-B of the Hindu Marriage Act, 1955. The Additional District Judge-01, West Delhi, had scheduled the second motion for divorce after a statutory cooling-off period of six months, which aggrieved the appellant. The appellant argued that more than 18 months had passed since the original petition was filed, and thus the cooling-off period should be considered satisfied. Both parties had been living separately for over a year and had mutually agreed to dissolve the marriage. The court noted that while the statutory provisions aimed to preserve the institution of marriage, there are circumstances where invoking Article 142 of the Constitution is necessary to achieve justice. The court referenced previous cases where it had granted mutual divorce under similar circumstances. Ultimately, the Supreme Court allowed the appeal, converting the proceedings into one under Section 13-B and granting a decree of mutual divorce, thereby dissolving the marriage. The parties were directed to bear their own costs.
Headnote
A) Family Law - Divorce by Mutual Consent - Invocation of Article 142 - Hindu Marriage Act, 1955, Section 13-B - Court allowed mutual divorce despite statutory cooling-off period, emphasizing the irretrievable breakdown of marriage and the need for pragmatic justice. Held that the parties had lived separately for over a year and the statutory waiting period had been partially fulfilled (Paras 10-14).
Issue of Consideration
Whether the Supreme Court can invoke its powers under Article 142 to grant a decree of mutual divorce despite the statutory cooling-off period under Section 13-B of the Hindu Marriage Act, 1955.
Final Decision
The Supreme Court allowed the appeal, converted the proceedings under Section 12 into one under Section 13-B, and granted a decree of mutual divorce, dissolving the marriage by mutual consent.
Law Points
- Divorce by mutual consent
- cooling-off period
- Article 142 powers
- irretrievable breakdown of marriage
