SUPREME COURT OF INDIA – WHETHER THE CONSENT ONCE GIVEN IN A PETITION FOR DIVORCE BY MUTUAL CONSENT CAN BE SUBSEQUENTLY WITHDRAWN BY ONE OF THE PARTIES?

Supreme Court of India

Date of Judgement: 18.04.2011

The language employed in Section 13B(2) of the Hindu Marriage Act is clear. The Court is bound to pass a decree of divorce declaring the marriage of the parties before it to be dissolved with effect from the date of the decree, if the following conditions are met:

  1. The second motion by both the parties is made not before 6 months from the date of filing of the petition as required under sub- section (1)    and not later than 18 months;
  2. After hearing the parties and making such inquiry as it thinks fit, the Court is satisfied that the averments in the petition are true; and
  3. The petition is not withdrawn by either party at any time before passing the decree.

Click Here To View Full Text Of Judgement

Share this post:

Advocate Amaresh Singh

Advocate Amaresh Singh is a lawyer practicing in Supreme Court of India, Delhi High Court and various District Courts including Saket Court, Tis Hazari Court, Karkardooma Court, Patiala House Court and Dwarka Court. (M) 9999678571

You may also like...