Whether court other than SC can pass decree for divorce by mutual consent if one spouse withdraws his or her consent?
The second proposition is that although the Supreme Court can, in exercise of its extraordinary powers under Article 142 of the Constitution, convert a proceeding under Section 13 of the Hindu Marriage Act, 1955, into one under Section 13B and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other Courts can exercise such powers. The other Courts are not competent to pass a decree for mutual divorce if one of the consenting parties withdraws his/her consent before the decree is passed. Under the existing laws, the consent given by the parties at the time of filing of the joint petition for divorce by mutual consent has to subsist till the second stage when the petition comes up for orders and a decree for divorce is finally passed and it is only the Supreme Court, which, in exercise of its extraordinary powers under Article 142 of the Constitution, can pass orders to do complete justice to the parties.
Supreme Court of India
Anil Kumar Jain vs Maya Jain on 1 September, 2009
Bench: Altamas Kabir, Cyriac Joseph
Citation: AIR2010SC229, (2009)10SCC415, 2010(2)BomCR774,2009(6) ALLMR 515
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