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Head Note

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

Divorce by mutual consent - Cooling of period of six months waived by Supreme Court under Article 142 of Constitution on following grounds - (1) Husband filed divorce petition after three months of marriage under Section 12 of the Act. (2) After one year parties decided to get divorce by mutual consent. (3) It was not possible for the parties to live together and to discharge their marital obligations towards each other for more than one year. (4) Four months cooling period already expired. (5) Pending proceedings under Section 12 converted into one under Section 13-B and by invoking powers under Article 142 of the Constitution Decree of mutual divorce granted to the parties and with direction that the marriage between the parties shall stand dissolved by mutual consent. 2000(10) SCC 243, relied.

Topic(s)-Divorce by Mutual Consent