Supreme Court of India · 1997-03-10
ASHOK HURRA vs RUPA ASHOK HURRA
- Citation / case number
- SC 1996/76044
- Court
- Supreme Court of India
- Petitioner
- ASHOK HURRA
- Respondent
- RUPA ASHOK HURRA
- Author
- K.S. PARIPOORNAN M.M. PUNCHHI
- Bench
- K.S. PARIPOORNAN M.M. PUNCHHI
Judgment text excerpt
The Supreme Court ruled that under Section 13B of the Hindu Marriage Act, a party cannot withdraw consent for divorce after the stipulated period of 18 months has elapsed. The Court emphasized that once a joint petition for divorce by mutual consent is filed, the consent given is binding unless revoked before the expiration of the statutory period. The Court upheld the trial court's decision to grant a decree of divorce, affirming that the wife's attempt to withdraw consent was invalid after the 18-month period.