Case Note & Summary
The Supreme Court addressed a family dispute involving the appellant Veena and respondent Jagdish Prasad, who were married on 30.9.1998 and had one daughter. The couple had been living separately for over 10 years, and both parties agreed that reconciliation was not possible. They jointly requested the court to grant a decree of divorce by mutual consent. The appellant undertook to withdraw all cases filed against the respondent and his family, including a case under Section 498A of the Indian Penal Code, and also agreed not to claim maintenance for herself or her daughter. The respondent also agreed to withdraw a pending case against the appellant. The court noted the peculiar circumstances and decided to transfer the divorce petition, which was pending in the lower court, to itself, converting it into a petition under Section 13B of the Hindu Marriage Act, 1955. The court granted the divorce by mutual consent and directed that the custody of the daughter would remain with the appellant. The court also clarified that the filing of the petition would not affect the respondent's entitlement to pensionary and other benefits under the law. The appeals were disposed of with these directions.
Headnote
A) Family Law - Divorce by Mutual Consent - Grant of Divorce - Hindu Marriage Act, 1955, Section 13B - The parties sought a decree of divorce by mutual consent after living separately for over 10 years, with the appellant undertaking to withdraw all cases against the respondent. The court deemed it appropriate to convert the pending divorce petition into one under Section 13B and granted divorce accordingly (Paras 1-2). B) Family Law - Custody of Child - Custody Arrangement - Not mentioned - The court directed that the custody of the daughter would continue to remain with the appellant, ensuring her welfare in the divorce proceedings (Paras 2-3).
Issue of Consideration
Whether to grant a decree of divorce by mutual consent and determine custody of the child.
Final Decision
The Supreme Court granted divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, and directed that the custody of the daughter would remain with the appellant.
Law Points
- Divorce by mutual consent
- Custody of child
- Withdrawal of cases
- Hindu Marriage Act
- 1955
