Supreme Court of India · 2010-03-22
Poonam vs Sumit Tanwar
- Citation / case number
- AIR 2010 SUPREME COURT 1384
- Court
- Supreme Court of India
- Petitioner
- Poonam
- Respondent
- Sumit Tanwar
- Bench
- B.S. Chauhan, Aftab Alam
Judgment text excerpt
The Supreme Court, while hearing a Writ Petition under Article 32, held that it cannot issue directions to waive the statutory period of six months under Section 13-B(2) of the Hindu Marriage Act, 1955, for divorce by mutual consent. The Court emphasized that the statutory requirement must be adhered to and that the petitioner's counsel failed to demonstrate the maintainability of the writ petition. Consequently, the Court dismissed the petition, reinforcing the principle that statutory provisions cannot be bypassed through writ jurisdiction.