Neeti Malviya Vs. Rakesh Malviya
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Head Note
The Hindu Marriage Act, 1955 - Section 13-B
Divorce by mutual consent - Whether the Court can waive of the statutory period of six months as stipulated under Section 13-B (2) of 1955 Act - Neither the Civil Courts nor even the High Courts can pass orders waiving of the said statutory period - It is only the Supreme Court in exercise of its extraordinary powers under Article 142 of the Constitution, that can pass orders waiving of the said statutory period - However, Supreme Court in a number of cases waived of the said statutory period and refused the same in some other cases stating that orders cannot be passed inconsistent with the substantive provisions of the relevant statutory laws - Matter referred to Three Judge Bench in order to have a clear ruling on the issue for future guidance - (2009) 10 SCC 415 relied upon.
Topic(s)-Divorce by mutual consent
Important Decision(s)- Divorce period of six months - Article 142 of the Constitution waiving of the said statutory period - Matter referred to Three Judge Bench in order to have a clear ruling on the issue for future guidance.