HITESH BHATNAGAR versus DEEPA BHATNAGAR

HITESH BHATNAGAR versus DEEPA BHATNAGAR

Consent can be withdrawn at any time before passing of the decree, and if second motion is not made by both parties within 18 months, court is not bound to grant divorce. Further, due to respondent's desire to continue the marriage and absence of irretrievable breakdown beyond repair, Supreme Court did not grant divorce under Article 142.

Parties
Appellant: Hitesh Bhatnagar; Respondent: Deepa Bhatnagar
Jurisdiction
India
Judgment Date
18 April 2011
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Divorce by Mutual Consent, Withdrawal of Consent, Irretrievable Breakdown of Marriage, Extraordinary Powers of Supreme Court
Family Law Constitutional Law Divorce by Mutual Consent Withdrawal of Consent Irretrievable Breakdown of Marriage Extraordinary Powers of Supreme Court

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Parties

Hitesh Bhatnagar

Appellant

Deepa Bhatnagar

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether consent once given in a petition for divorce by mutual consent can be withdrawn by one of the parties after the expiry of 18 months from the date of filing of the petition under Section 13B(1) of the Hindu Marriage Act, 1955
  2. 2 Whether the Court can grant a decree of divorce by mutual consent when consent has been withdrawn by one of the parties, and if so, under what circumstances
  3. 3 Exercise of Supreme Court's power under Article 142 to dissolve marriage on account of irretrievable breakdown

Ratio Decidendi

Consent can be withdrawn at any time before passing of the decree, and if second motion is not made by both parties within 18 months, court is not bound to grant divorce. Further, due to respondent's desire to continue the marriage and absence of irretrievable breakdown beyond repair, Supreme Court did not grant divorce under Article 142.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no order as to costs