Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
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Matrimonial Law
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Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
Judgement Subject Index/Important Decision/Topic

ILC-2009-SC-MAT-Sep-1

Anil Kumar Jain Vs. Maya jain

Head Note

The Hindu Marriage Act, 1955  - Section 13-B 1 ,  2 , Constitution of India, 1950  - Article 142

Divorce by mutual consent - Joint petition filed by husband and wife seeking decree of divorce by mutual consent - Trial Judge fixed the date for consideration of the petition after six months - Wife later on withdrew her consent - Decree of divorce cannot be passed either by Civil Court or by High Court if one of the consenting parties withdraws its consent before passing of decree - In such a situation only Supreme Court can pass order of dissolution of marriage in exercise of its extraordinary power under Article 142.

The Hindu Marriage Act, 1955  - Section 13-B 1 ,  2 , Constitution of India, 1950  - Article 142

Divorce sought on ground of irretrievable breakdown of marriage - High Court and Trial Court cannot pass decree of divorce on this ground as there is no provision in the Act to grant decree of divorce on the ground of irretrievable breakdown of marriage - However Supreme Court in exercise of its extraordinary powers under Article 142 can grant divorce on this ground or on any other ground or on any other ground not provided in Section 13 and 13B.

The Hindu Marriage Act, 1955  - Section 13-B 1 ,  2

However Supreme Court in exercise of its extraordinary powers under Article 142 Constitution of India can grant relief of divorce to parties even before expiry of 6 months period stipulated in Section 13B.

Topic(s)-Divorce by mutual consent

Important Decision(s)- 

  • Sections 13B of the HM Act, 1955 - Trial Judge fixed the date after six months - Wife later on withdrew her consent - Divorce cannot be passed.
  • Supreme Court in exercise of its extraordinary powers - Grant Divorce before expiry of 6 months period stipulated in Section 13B.







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