Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) No. 530 OF 2016
B A VANI Petitioner(s)
VERSUS
UNION OF INDIA AND ANOTHER Respondent(s)
J U D G M E N T
KURIAN, J.
1. Thanks to the intervention of the learned Amicus
Curiae, it appears that good sense has prevailed upon
the petitioner and the second respondent.
2. It is submitted that they have, accordingly,
filed a petition under Section 13B of the Hindu
Marriage Act for a decree of divorce on mutual
consent.
3. Both the petitioner and the second respondent are
present before this Court today. Both are Advocates.
JUDGMENT
4. It is submitted by the learned Amicus Curiae that
this is an eminently fit case where this Court could
invoke its jurisdiction under Article 142 of the
Constitution of India for waiving off the six months'
period provided under Section 13B of the Hindu
Marriage Act in view of the long separation of seven
years between the parties and the several rounds of
litigation the parties have gone through.
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5. Though the Writ Petition is wholly misconceived,
in view of the steps now taken by the petitioner and
for which the second respondent-husband has
wholeheartedly supported, we are of the view that the
interest of justice would demand that the ordeal
should be put to quietus once and for all.
6. Accordingly, the marriage between the petitioner
and the second respondent stand dissolved by way of a
decree of divorce on mutual consent, under Section
13B of the Hindu Marriage Act.
7. Subject to the above relief, the Writ Petition is
dismissed.
8. We record our appreciation on the strenuous
efforts taken by the learned Amicus Curiae in
assisting the Court in the matter.
Pending interlocutory applications, if any, are
disposed of.
JUDGMENT
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ R. K. AGRAWAL ]
New Delhi;
November 07, 2016.
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