Waiting period in divorce by mutual consent waived after considering educational background of parties #indianlaws

In this case, the Court after considering the educational background of the parties, and the entire facts and circumstances, held that the situation posed was peculiar where the Court should invoke its jurisdiction under Article 142 of the Constitution in order to ensure justice to the parties. With the above observation, the statutory period of six months was waived and the marriage between the parties was dissolved.

In the petition filed by Parties seeking divorce by mutual consent, after the first motion was passed, an appeal was preferred before the Apex Court seeking waiver of waiting period as required under Section 13-B(2) of the Hindu Marriage Act, 1955.

It was pleaded by the wife that she has made travel plans to move abroad while seeking a job and resettlement in life, after a long period of traumatic experiences of her married life. It was contended by her that with the set-back of a broken marriage, she needs a change in environment and thus, has proposed to move abroad and it would be difficult for her to get back to India after six months or even in the near future.

Court considering the educational background of the parties, and the entire facts and circumstances, held that the situation posed was peculiar where the Court should invoke its jurisdiction under Article 142 of the Constitution in order to ensure justice to the parties. With the above observation, the statutory period of six months was waived and the marriage between the parties was dissolved.

[Nikhil Kumar vs. Rupali Kumar]

(SC, 27.04.2016)

Civil Appeal No. 4490 of 2016