Kiran Kumar (Lawyer) 26 September 2009
SMRUTI PAHARIYA v/s SANJAY PAHARIYA
Civil Appeal No. 3465 of 2009 decided on 11/05/2009
a FULL BENCH judgment of Hon'ble SC on S.13-B of Hindu Marriage Act.
Hon'ble SC says Mutual Consent should continue till the divorce decree is passed-mandatory period of 6 months expired-wife appears but the husband did not-COURT CAN NOT PRESUME CONSENT BY MERE ABSENCE OF THE HUSBAND- court has statutory obligation to hear the parties to ascertain their consent.
pls check the judgment from
Sachin Bhatia (Advocate) 26 September 2009
Useful Judgement.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 27 September 2009
I have already referred the aforesaid judgement on yeaterday while answering a quarry.
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