SC: Single Bench Hearing Transfer Petitions Cannot Pass Mutual Consent Divorce Decree Invoking Article 142

Key Takeaways

• The Case titled Neha @ Pooja Alizad vs. Vaibhav Kumar @ Chetan Sancheti ((Civil) No(s). 183/2019) was filed before the Supreme Court.
• The parties sought a Mutual Consent Divorce Decree after agreeing on the terms of mediation.
• Justice Abhay S. Oka heard the petition. He stated that he could not pass a divorce decree sitting singly unless Chief Justice exercised his power.
• The Registry was directed to transfer the petition before the Hon’ble CJI for further instructions.

Background

• The Case Title is Neha@Pooja Alizad vs. Vaibhav Kumar @ Chetan Sancheti ((Civil) No(s). 183/2019).
• The counsels for both the parties stated that they had adhered to all terms and conditions of the settlement reached before the learned Mediator.
• Hence, both parties sought divorce by mutual consent under Section 13 B of the Hindu Marriage Act, 1955 and Article 142 of the Indian Constitution.

Observation of the Court

• The Matter was called for hearing on 13.09.2021 before the Supreme Court. A Single Judge Bench of Justice Abhay S. Oka heard the petition.
• The Court focused on Proviso to Rule 1 of Order VI of the Supreme Court Rules, 2013.
• Justice Oka noted that According to Clause (iii) of Proviso to Rule 1, a Judge sitting singly has the authority to grant relief only under Section 25 of the Code of Civil Procedure, 1908.
• Justice Oka stated that he could not pass a divorce decree sitting single unless the Chief Justice exercises his powers under Clause (iv) of Proviso to Rule 1 of Order VI of the said Rules.
• As a result, the Court directed the Registry to present the petition to the Honorable Chief Justice for further necessary instructions.

Questions

• Under which provisions of the Code of Civil Procedure, 1908, does a Judge sitting singly have the authority to only grant relief?
• Which Section of the Hindu Marriage Act,1955 provides for Mutual Consent Divorce?