SC WAIVES OFF STATUTORY PERIOD OF 6 MONTHS IN PETITION FOR DIVORCE BY MUTUAL CONSENT
Recently, in a case titles Nikhil Kumar versus Rupali Kumari Civil Appeal No. 4490 OF 2016, The Hon’ble Supreme Court of India waived of the statutory period of 6 months in a petition under Section 13-B(1) of the Hindu Marriage Act, 1955 pending before the Family Court (Principal Judge, Family Court, Tiz Hazari District Courts), Delhi. The Hon’ble Court took into consideration the various factors including the educational background of the husband and the wife as well as the fact that though the couple had been married since 07.02.2011 but had been living separately most of the time and the marriage had reached a breaking point about 1 year ago. The Hon’ble Court also took into consideration the fact that the appellant, having suffered emotionally though a traumatic marriage, had decided to seek a job and resettle in New York, United States of America and had already made plans to travel to New York on 29.04.2016.
For doing complete justice between the parties, the Hon’ble Court invoked jurisdiction under Article 142 of the Constitution of India, having regard to the peculiar circumstances of the case and the entire facts and circumstances and the statutory period of six months was waived and the marriage between the parties was dissolved.Read full Judgement