CHANDRA MOHINI SRIVASTAVA vs AVINASH PRASAD SRIVASTAVA & ANR.

The Supreme Court held that the High Court erred in granting a divorce under Section 13(1)(viii) of the Hindu Marriage Act, 1955, as it required a prior decree for judicial separation. The Court emphasized that a decree for divorce cannot be granted immediately without fulfilling the necessary conditions, including a two-year waiting period or exceptional circumstances. The Court set aside the High Court's decree, ruling that the respondent's subsequent marriage was premature given the pending special leave petition, thus denying the request to revoke the special leave.