Case Note & Summary
The Supreme Court dealt with a transfer petition filed by the petitioner-wife seeking the transfer of a divorce petition from Bangalore to Hoshangabad. The divorce petition was initiated by the respondent-husband, and after several attempts at mediation, a settlement was reached on 24th April 2009, wherein the husband agreed to pay the wife Rupees sixty-five lakhs. The court noted that the husband complied with the payment terms, and the parties were to jointly apply for a divorce by mutual consent. The court examined whether it could waive the six-month waiting period mandated by Section 13-B(2) of the Hindu Marriage Act, 1955, for granting a divorce by mutual consent. The court acknowledged its past practice of invoking Article 142 to bypass statutory waiting periods but also recognized recent judgments that cautioned against ignoring statutory provisions. Consequently, the court decided to refer the matter to a larger bench for a definitive ruling on the issue of waiving the statutory period. The parties were directed to file a joint petition for divorce by mutual consent within two weeks, and arrangements were made for the payment of the settlement amount. The case was scheduled for listing in November 2010.
Headnote
A) Family Law - Divorce by Mutual Consent - Waiver of Statutory Period - Hindu Marriage Act, 1955, Section 13-B - The court considered whether it could waive the six-month statutory waiting period for divorce by mutual consent under Section 13-B(2) of the Act, given the parties' settlement. It was noted that while the court has previously exercised its powers under Article 142 to grant divorce without waiting, recent judgments emphasized adherence to statutory provisions. Held that the matter should be referred to a larger bench for clarity (Paras 13-14).
Issue of Consideration
Whether the period prescribed in sub-section (2) of Section 13-B of the Hindu Marriage Act, 1955 can be waived or reduced by this Court in exercise of its jurisdiction under Article 142 of the Constitution?
Final Decision
The court referred the matter to a larger bench for a clear ruling on the waiver of the statutory period under Section 13-B of the Hindu Marriage Act, 1955, while directing the parties to file a joint petition for divorce by mutual consent within two weeks.
Law Points
- Divorce by mutual consent
- Waiver of statutory period
- Article 142 of the Constitution
- Hindu Marriage Act
- 1955
- Second motion procedure
