NEETI MALVIYA versus RAKESH MALVIYA

NEETI MALVIYA versus RAKESH MALVIYA

Matter referred to a three Judge Bench to obtain clear guidance whether the statutory period under Section 13-B(2) can be waived or reduced by Supreme Court exercising Article 142 jurisdiction.

Parties
Petitioner: Neeti Malviya; Respondent: Rakesh Malviya
Jurisdiction
India
Judgment Date
12 May 2010
Procedural Posture
Transfer Petition (civil) / Order on Transfer Petition, Referral to Larger Bench
Outcome
Matter referred to a three Judge Bench, Registry directed to place papers before Hon'ble Chief Justice.
Legal Topics
Divorce by Mutual Consent Under Hindu Marriage Act, Waiver or Reduction of Statutory Waiting Period, Extraordinary Jurisdiction Under Article 142
Family Law Constitutional Law Divorce by Mutual Consent Under Hindu Marriage Act Waiver or Reduction of Statutory Waiting Period Extraordinary Jurisdiction Under Article 142

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Parties

Neeti Malviya

Petitioner

Rakesh Malviya

Respondent

Procedural Posture

Transfer Petition (civil) / Order on Transfer Petition, Referral to Larger Bench

Legal Issues

  1. 1 Whether the period prescribed in sub-section (2) of Section 13-B of the Hindu Marriage Act, 1955 can be waived or reduced by Supreme Court in exercise of its jurisdiction under Article 142 of the Constitution

Ratio Decidendi

Matter referred to a three Judge Bench to obtain clear guidance whether the statutory period under Section 13-B(2) can be waived or reduced by Supreme Court exercising Article 142 jurisdiction.

Court Disposition

Matter referred to a three Judge Bench, Registry directed to place papers before Hon'ble Chief Justice.

Orders

  • Joint petition for divorce by mutual consent to be filed within two weeks.
  • When fixed deposit matures, Rs. 2,50,000 to be paid to petitioner by bank draft; balance with interest to be put in fresh fixed deposit for six months.