Swami Sadashiva Brahmendra Sar (Nil) 19 June 2009

Divorce by mutuaal consent

Recently, the Supreme Court has ruled that a court does not have jurisdiction to dissolve a marriage by mutual consent under Section 13B of the Hindu Marriage Act, unless and until both the spouses are present in the court and give their consent for dissolution of marriage at the time of granting divorce.

can any one provide exact citation !

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4 Replies

kartikeya (lawyer/cyber law consultant/cyber crime investigator) 19 June 2009

https://bombayhighcourt.nic.in/data/judgements/2008/CFCA150408.pdf

V.V.RAMDAS (Advocate) 20 June 2009

Dear friend,

I can not come accross such SC citation but similar fact has been decided by the Orissa Hi gh court ON 26-03-2009 By Justice S.R SINGHARAVELU. IN W.P(C) No. 2560 of 2009. Miloo Mishara @Mohapatra Versus Apun Kumar Mohapatra cited in 2009(I) OLR- 786.

Shree. ( Advocate.) 28 June 2009

Dear All,

S. 13-B(2) – Mutual consent divorce petition – Statutory waiting period of six months can be waived and hearing can be prepared, in case of mutual consent divorce petition – Provision can be regarded as directory.

The requirement of six months period was not mandatory and could be waived since the very purpose of liberalized concept of divorce by mutual consent would be frustrated, especially when the parties live separately and there was no chance of re-union.

(Smt. Subhasree Datta & Anr. V. Nil; AIR 2008 Cal 144) Court of view that the provision of sub-section (2) of S. 13B of the Hindu Marriage Act, 1955, is directory in nature and not at all mandatory since the legislative intent was only to ensure that the time-gap provided therein allowed the parties a chance of reconciliation and nothing else. )