Constitution of India, 1950  - Article 142 , The Hindu Marriage Act, 1955  - Section 13-B

Divorce by mutual consent - Cooling of period of six months waived by Supreme Court under Article 142 of Constitution on following grounds - (1) Husband filed divorce petition after three months of marriage under Section 12 of the Act. (2) After one year parties decided to get divorce by mutual consent. (3) It was not possible for the parties to live together and to discharge their marital obligations towards each other for more than one year. (4) Four months cooling period already expired. (5) Pending proceedings under Section 12 converted into one under Section 13-B and by invoking powers under Article 142 of the Constitution Decree of mutual divorce granted to the parties and with direction that the marriage between the parties shall stand dissolved by mutual consent. 2000(10) SCC 243, relied.

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The Hindu Marriage Act, 1955  - Section 25

Divorce by mutual consent - In the suit of maintenance/permanent alimony - Family court determined the income of the husband as Rs 1,40,000/- per month fixing the amount of permanent alimony at Rs 20,000/- per month - Appeal - High court confirmed the order passed by family court as an alternative measure fixed the amount of permanent alimony at Rs. 40 lakh in lum sum - Appeal by the wife appellant u/s 25 (3) of the Act - Future prospects of respondent - Fix the amount of maintenance at Rs 40,000/- per month in the alternative permanent alimony/maintenance at Rs 40 lakhs - Appeal allowed.

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The Hindu Marriage Act, 1955  - Section 13-B , The Hindu Adoptions and Maintenance Act, 1956  - Section 18 , Section 20 , Constitution of India, 1950  - Article 142 , Article 136

Decree of divorce by mutual consent - During mediation parties withdrawing all allegations against each other made in the matrimonial and criminal proceedings and agreeing to a decree of divorce by mutual consent - According to the settlement between them, husband directed to continue payment of maintenance of Rs 10,000 p.m. and custody of child given to the mother and the husband given visitation rights.

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The Hindu Marriage Act, 1955  - Section 13

Divorce by mutual consent - Respondent withdrew her consent - Petition dismissed - Appeal by appellant - High Court - Dismissed - Appeal - Whether consent once given in petition for divorce by mutual consent - Can subsequently withdrawn by one of the parties - Yes - Whether Court can grant a decree of divorce by mutual consent - When consent has been withdrawn by one of parties - No - A mandatory requirement of law - No Court can pass a decree of divorce in absence of that - Though there is bitterness amongst parties - Not even lived as husband and wife for past 11 years - Even they will give this union another chance - If not for themselves - For the future of their daughter - Appeal dismissed - No costs.

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The Hindu Marriage Act, 1955  - Section 13-B , Section 13 (1)

Divorce by mutual consent - Wife filing divorce petition under Section 13(1)(ia) - Parties entering into compromise and agreed to withdraw criminal cases filed against each other - Divorce petition converted into one under Section 13-B of the Hindu Marriage Act and divorce granted to parties.

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