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K Rajasekharan (Advocate)     24 December 2017

Divorce by mutual consent : any recent judgement ?

The Supreme Court judgement in the case Devinder Singh Narula v Meenakshi Nagia (2012 AIR 2890) speaks about the first motion, cooling period, the second motion etc and other key issues to be considered by the family court while deciding a Divorce application by Mutual Consent, under Section 13 B of the Hindu Marriage Act. Can anyone tell me whether there is any other comprehensive and subsequent judgment by the apex court on those aspects?


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Vijay Raj Mahajan (Advocate)     24 December 2017

https://www.lawyersclubindia.com/mobile/share_files/download_file.asp?files_id=9592 https://www.lawyersclubindia.com/mobile/share_files/download_file.asp?files_id=9592
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K Rajasekharan (Advocate)     24 December 2017

Thank you so much for your timely reply, Adv Vijay Raj Mahajan.

K Rajasekharan (Advocate)     24 December 2017

The SC verdict, which I heard of earlier but read for the first time, appear to me as a well written one clearly showing the pros and cons of the issue of waiver in question.

It evolves a sensible logic based on not only the earlier decisions but also on the purpose of legislation as to how the provision of six months period need not be construed as mandatory but only as directory in nature.

The order will help bring solace to the agonies of the parties desperately seeking a quick divorce for reasons they know well and can convince the court.


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