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february 1991

Supreme Court of India · 1991-02-07

SMT. SURESHTA DEVI vs OM PRAKASH

Citation / case number
SC 1991/80392
Court
Supreme Court of India
Petitioner
SMT. SURESHTA DEVI
Respondent
OM PRAKASH
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court clarified that under Section 13-B of the Hindu Marriage Act, mutual consent for divorce must be maintained until the decree is passed. The Court emphasized that if one party withdraws consent during the waiting period, the decree cannot be granted, as mutuality is essential. The judgment overruled previous decisions that suggested otherwise, reinforcing that both parties must jointly agree for the divorce to proceed.

SMT. SURESHTA DEVI vs OM PRAKASH · Niyam