ANIL KUMAR JAIN versus MAYA JAIN

ANIL KUMAR JAIN versus MAYA JAIN

Consent by both parties for divorce by mutual consent under Section 13-B must continue until the decree is passed; withdrawal of consent before decree defeats the petition. However, in special circumstances and in exercise of powers under Article 142 of the Constitution, the Supreme Court may grant mutual divorce even if consent has been withdrawn, especially where parties have lived apart for long and have settled property matters.

Parties
Appellant: Anil Kumar Jain; Respondent: Maya Jain
Jurisdiction
India
Judgment Date
01 September 2009
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Divorce, Mutual Consent Divorce, Irretrievable Breakdown of Marriage, Hindu Marriage Act, Article 142 Constitution
Family Law Divorce Mutual Consent Divorce Irretrievable Breakdown of Marriage Hindu Marriage Act Article 142 Constitution

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Parties

Anil Kumar Jain

Appellant

Maya Jain

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a decree can be passed on a petition for mutual divorce under Section 13-B of the Hindu Marriage Act, 1955, when one of the petitioners withdraws consent prior to the passing of such decree

Ratio Decidendi

Consent by both parties for divorce by mutual consent under Section 13-B must continue until the decree is passed; withdrawal of consent before decree defeats the petition. However, in special circumstances and in exercise of powers under Article 142 of the Constitution, the Supreme Court may grant mutual divorce even if consent has been withdrawn, especially where parties have lived apart for long and have settled property matters.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court judgment and order set aside
  • Petition for mutual divorce under Section 13-B of the Hindu Marriage Act accepted