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Head Note
Constitution of India, 1950 - Article 226 , Article 12
Husband and wife started living separately after two days of their marriage - Wife filed writ petition under Article 32 claiming violation of her fundamental rights and seeking waiver off period of 6 months and annulling the marriage - No explanation given that under what circumstance petition is maintainable or relief of dissolution of marriage could be sought by the parties directly from Supreme Court - Order of Family Court strictly in accordance with law - No violation or infringement of any fundamental or legal rights of the parties. AIR 1989 Supreme Court 1607, (2001) 1 SCC 298 and AIR 2009 Supreme Court 2249 relied upon.
Constitution of India, 1950 - Article 226
No assistance by lawyer - Court not duty bound to decide - In absence of proper assistance to the Court by the lawyer - There is no obligation on the part of the Court to decide the case - The counsel cannot just raise the issues in his petition and leave it to the Court to give its decision on those points after going through the record and determining the correctness thereof - It is not for the Court itself to find out what the points for determination can be and the proceed to give a decision on those points - AIR 1963 Supreme Court 146 relied upon.
The Hindu Marriage Act, 1955 - Section 13-B 1 , 2
Parties seeking divorce by mutual consent - Family Court directed parties to wait for statutory period of 6 months - Order of Family Court strictly in accordance with law - No writ before Supreme Court under Article 32 lies to waive off the period of 6 months.
Topic(s)-Divorce by mutual consent , No assistance by lawyer