2016 ALL SCR 2351
KURIAN JOSEPH AND R. K. AGRAWAL, JJ.
B. A. Vani Vs. Union of India & Anr.
Writ Petition (Civil) No.530 of 2016
7th November, 2016.
Petitioner Counsel: Ms. MADHUSMITA BORA (AC), Ms. PRAGATI NEEKHRA
Hindu Marriage Act (1955), S.13B - Constitution of India, Art.142 - Divorce by mutual consent - Waiver of cooling period - In view of long separation of seven years between parties and several rounds of litigation the parties have gone throw, period of 6 months provided u/S.13B, waived off by exercise of jurisdiction u/Art.142. (Para 3)
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.
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.
Pending interlocutory applications, if any, are disposed of.