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Kiran Kumar (Lawyer)     26 September 2009

DIVORCE BY MUTUAL CONSENT IMPORTANT JUDGMENT

SMRUTI PAHARIYA v/s SANJAY PAHARIYA

Civil Appeal No. 3465 of 2009 decided on 11/05/2009

a FULL BENCH judgment of Hon'ble SC on S.13-B of Hindu Marriage Act.

Hon'ble SC says Mutual Consent should continue till the divorce decree is passed-mandatory period of 6 months expired-wife appears but the husband did not-COURT CAN NOT PRESUME CONSENT BY MERE ABSENCE OF THE HUSBAND- court has statutory obligation to hear the parties to ascertain their consent.

 

pls check the judgment from

 

www.supremecourtofindia.nic.in



Learning

 2 Replies

Sachin Bhatia (Advocate)     26 September 2009

Useful Judgement.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     27 September 2009

I have already referred the aforesaid judgement on yeaterday while answering a quarry.


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