DEVINDER SINGH NARULA versus MEENAKSHI NANGIA

DEVINDER SINGH NARULA versus MEENAKSHI NANGIA

In cases where parties have been living separately and the marriage has irretrievably broken down, the Supreme Court can dispense with the statutory cooling off period under Section 13-B of Hindu Marriage Act, 1955, by invoking its powers under Article 142 of the Constitution to grant divorce by mutual consent.

Parties
Appellant: Devinder Singh Narula; Respondent: Meenakshi Nangia
Jurisdiction
India
Judgment Date
22 August 2012
Procedural Posture
Civil Appeal / Appeal From Additional District Judge (west), Delhi, in HMA Petition No. 204 of 2012
Outcome
Appeal allowed; decree of mutual divorce granted.
Legal Topics
Divorce by Mutual Consent, Cooling Off Period, Article 142 Powers
Family Law Constitutional Law Divorce by Mutual Consent Cooling Off Period Article 142 Powers

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Parties

Devinder Singh Narula

Appellant

Meenakshi Nangia

Respondent

Procedural Posture

Civil Appeal / Appeal From Additional District Judge (west), Delhi, in HMA Petition No. 204 of 2012

Legal Issues

  1. 1 Whether the statutory cooling off period under Section 13-B of Hindu Marriage Act can be dispensed with by exercise of Supreme Court's powers under Article 142 of Constitution of India
  2. 2 Whether period elapsed since original petition under Section 12 of the Act can be counted towards the cooling off period under Section 13-B

Ratio Decidendi

In cases where parties have been living separately and the marriage has irretrievably broken down, the Supreme Court can dispense with the statutory cooling off period under Section 13-B of Hindu Marriage Act, 1955, by invoking its powers under Article 142 of the Constitution to grant divorce by mutual consent.

Court Disposition

Appeal allowed; decree of mutual divorce granted.

Orders

  • Pending proceedings under Section 12 of Hindu Marriage Act before Additional District Judge, West Delhi, converted into one under Section 13-B.
  • By invoking Article 142, decree of mutual divorce granted; marriage stands dissolved by mutual consent.