The Supreme Court in a recent judgment delivered on 22.08.2012:
" 13. In the above circumstances, in our view, this is one of those cases
where we may invoke and exercise the powers vested in the Supreme
Court under Article 142 of the Constitution. The marriage is
subsisting by a tenuous thread on account of the statutory cooling off
period, out of which four months have already expired. When it has
not been possible for the parties to live together and to discharge
their marital obligations towards each other for more than one year,
we see no reason to continue the agony of the parties for another two
months.
14. We, accordingly, allow the appeal and also convert the pending
proceedings under Section 12 of the Hindu Marriage Act, 1955, before
the Additional District Judge-01, West Delhi, into one under Section
13-B of the aforesaid Act and by invoking our powers under Article 142
of the Constitution, we grant a decree of mutual divorce to the
parties and direct that the marriage between the parties shall stand
dissolved by mutual consent. The proceedings before the Additional
District Judge-01, West Delhi, being HMA No.204 of 2012, is withdrawn
to this Court on consent of the parties and disposed of by this order."
