SC Grants Mutual Divorce Waiving 6-Month Waiting Period Under Article 142…

👆📌Supreme Court of India
Date of Judgment11-12-2021
Amit Kumar Vs Suman Beniwal

Title :- SC Grants Mutual Divorce Waiving 6-Month Waiting Period Under Article 142

The Supreme Court waived the six-month waiting period under Section 13B(2) of the Hindu Marriage Act for mutual consent divorce. The parties, both government officers, had been separated for over a year after living together for only three days. The Family Court and High Court had refused to waive the waiting period, citing Amardeep Singh v. Harveen Kaur. The Supreme Court held that the conditions in Amardeep Singh are illustrative, not mandatory. Exercising powers under Article 142, the Court granted divorce to prevent further agony.

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