SONI KUMARI versus DEEPAK KUMAR

SONI KUMARI versus DEEPAK KUMAR

In order to do complete justice between parties in an irreconcilable situation where the respondent is leaving India and reconciliation has failed, the Supreme Court exercises its power under Article 142 to waive the statutory cooling off period and grants a decree of divorce by mutual consent.

Parties
Appellant: Soni Kumari; Respondent: Deepak Kumar
Jurisdiction
India
Judgment Date
16 September 2015
Procedural Posture
Civil Appeal / Appeal Against Family Court Order; Final Supreme Court Decision
Outcome
appeal allowed
Legal Topics
Divorce by Mutual Consent, Waiver of Cooling Off Period, Article 142 Powers
Family Law Constitutional Law Divorce by Mutual Consent Waiver of Cooling Off Period Article 142 Powers

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Parties

Soni Kumari

Appellant

Deepak Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal Against Family Court Order; Final Supreme Court Decision

Legal Issues

  1. 1 Whether the Supreme Court can waive the statutory cooling off period of six months under Section 13-B(2) of the Hindu Marriage Act to grant immediate divorce by mutual consent in irreconcilable situations
  2. 2 Whether invocation of Article 142 is appropriate for waiving the waiting period and granting complete justice

Ratio Decidendi

In order to do complete justice between parties in an irreconcilable situation where the respondent is leaving India and reconciliation has failed, the Supreme Court exercises its power under Article 142 to waive the statutory cooling off period and grants a decree of divorce by mutual consent.

Court Disposition

appeal allowed

Orders

  • Cooling off period of six months under Section 13-B(2) of the Hindu Marriage Act is waived.
  • Decree of divorce by mutual consent is granted.