SMRUTI PAHARIYA vs SANJAY PAHARIYA

The Supreme Court held that under Section 13B of the Hindu Marriage Act, 1955, a divorce by mutual consent requires the parties to fulfill specific procedural requirements, including a mandatory waiting period of six months. The Court found that the Family Court's decree of divorce was valid as the parties had complied with the necessary conditions, including the absence of collusion or coercion. The High Court's decision to set aside the Family Court's order was overturned, and the divorce decree was reinstated.