Legal Reference Library

Invoking Article 142 of the Constitution of India to do ‘complete justice’ to a couple who had decided to part with each other after living separately for last five years, the Supreme Court has waived statutory cool-off period of six months and granted them divorce. The couple who approached the Family court were told to wait till October to formally end the marriage. The Husband approached the Apex Court through a Special Leave Petition and the Wife submitted before the Bench headed by Justice Kurian Joseph that she needs a change in environment and thus, she has  proposed  to  move  to  NewYork and it would be difficult for her  to  get  back  to  India  after  sixmonths or even in the near future. The Couple, both of them graduates, were married in 2011. They submitted before the bench that both  of  themhave realized the consequences of their decision and  they  have  taken  thedecision out ...

Allahabad High Court recently held that parties may withdraw their consent once granted for Divorce by mutual consent, at any time before the passing of the decree. Hindu Marriage Act, 1955 provides two modes for divorce namely (i) on the grounds mentioned under Section 13 of the Act or (ii) on mutual consent for which a petition has to be presented by both the parties to the marriage and after interregnum period of six months they again attorn their consent before the Court. The Court has considered the issue as to whether consent given at the initial stage for divorce can be withdrawn at the later. Relying on various Supreme Court Judgments, Justice Ram Surat Ram (Maurya) held that if petition for divorce is not formally withdrawn and is kept pending then on the date when the court grants the decree, the court has a statutory obligation to hear the parties to ascertain their consent. From the absence of one of the parties for two to three days, the court cannot presume his/her co...