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Head Note

The Hindu Marriage Act, 1955  - Section 13

Divorce - Mutual consent - Marriage in 1997 - Wife went to parental home for delivery in February 1998 and never returned - On husband's request for divorce, wife demanded Rs.10 lacs - Husband's petition allegation against dismissed by trial court holding that parties were living separately due to exigencies of work - Appeal dismissed - Apex court referred matter to mediation on deposit of Rs. 10 lac by husband as permanent alimony and maintenance for the child born from the wedlock alongwith Rs.25000 as wife's travel expense - Wife filed affidavit expressing her consent for divorce. Held, invoking power under Article 142 of the Constitution, the marriage is dissolved by mutual consent. Amount of Rs.10 lacs to be invested in any Nationalized Bank for welfare of the child till he attains majority. Periodical interest to be withdrawn by wife once in a year.

Topic(s)-Divorce - Mutual consent