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1 - 4 of 4 (0.28 seconds)The Hindu Marriage Act, 1955
Section 13B in The Hindu Marriage Act, 1955 [Entire Act]
Shilpa Sailesh vs Varun Sreenivasan on 1 May, 2023
5. We were of the opinion that a quietus would be
possible only by severing the marriage ties but at the same time
ensuring that the wife, who was in an employment before marriage and
presumably left it to move out with her husband to his work place, is
not left in the lurch. We are fortified in this view by Shilpa Sailesh Vs.
Varun Sreenivasan1 which expounded on the ambit and scope of
Article 142 of the Constitution of India, which enables ‘complete
justice’ in a ‘cause or matter’, in relation to matrimonial matters;
specifically, the provision to sever marital ties on mutual consent under
the Hindu Marriage Act. The legislative intent behind incorporating
sub-section (2) to Section 13-B of the Hindu Marriage Act, 1955 was
found, to enable time to the parties to introspect and consider their
decision to separate, before a second motion is moved; when a decree
of divorce is sought on a joint petition filed by the parties. The
Constitutional Bench noticed cases of exceptional hardship where after
some years of acrimonious litigations and prolonged suffering, parties
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[2023] 5 S.C.R. 165
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jointly pray for dissolution of marriage and seek a waiver of the need
to make a second motion; where it could be allowed when the divorce
is inevitable on account of irreconcilable differences evident from the
allegations and aspersions made against each other and in certain
cases by reason of the multiple litigations making the continuation of
the marital relationship an impossibility. The said finding was on the
powers of the Court in a joint application for divorce on mutual consent.
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