Supreme court waived waiting period of six month for divorce by mutual consent
In the above circumstances, the appellant has filed the present appeal praying for waving the six months' waiting period required under Section 13-B(2) of the Hindu Marriage Act, 1955, invoking our jurisdiction under Article 136 read with Article 142 of the Constitution of India.
The respondent has appeared in person. She was directed to file an affidavit before this Court. The respondent in the affidavit has endorsed the submission that they were not happy ever since their marriage in 2011. It is stated that with the set-back of a broken marriage, the respondent needs a change in environment and thus, she has proposed to move to New York and it would be difficult for her to get back to India after six months or even in the near future. It is further stated that both of them have realized the consequences of their decision and they have taken the decision out of their free will and without any undue influence or coercion.
Both the parties have appeared before the Court. The appellant was born in the year 1984, and is graduate in commerce. He is working as senior manager in a private firm. The respondent was born in the year 1982 and she also is a graduate.
The respondent is scheduled to leave the country by 29.04.2016 and it is not possible for her to return to India within six months or in the near future, it is submitted.
Having regard to the educational background of the appellant as well as the respondent, and the entire facts and circumstances, we feel that it is a very peculiar situation where this Court should invoke its jurisdiction under Article 142 of the Constitution of India for doing complete justice between the parties. We do so.
Supreme Court of India
Nikhil Kumar vs Rupali Kumar on 27 April, 2016
Bench: Kurian Joseph, Rohinton Fali Nariman
NON-REPORTABLE CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 4490 OF 2016 (Arising out ofSLP (c) No.12161 of 2016)
https://www.lawweb.in/2016/05/supreme-court-waived-waiting-period-of.html
