Jurisdiction under Article 142 of the Constitution invoked to waive the statutory period of waiting in a divorce by mutual consent

Supreme Court: Invoking it’s jurisdiction under Article 142 of the Constitution, the Court granted the decree of divorce to a couple by mutual consent by waiving the statutory period of waiting.

In the present case, the couple had lived together as husband and wife only for few days and had been living separately for than 5 years. Both the parties had mutually agreed to end all the pending litigations and had filed a joint petition under Section 13B of the Hindu Marriage Act for dissolution of marriage by mutual consent.

Considering the above mentioned facts and the fact that the respondent had to return to USA for his work and the appellant had to think of her future, the bench of Kurian Joseph and R.F. Nariman, JJ thought it to be the fit case for invocation of Article 142 of the Constitution and held that since the parties have settled their dispute amicably, the interest of justice would be met if the entire dispute is settled finally. [Aditi Wadhera v. Vivek Kumar Wadhera, 2016 SCC OnLine SC 785, decided on 04.08.2016]

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