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april 2011

Supreme Court of India · 2011-04-18

Hitesh Bhatnagar vs Deepa Bhatnagar

Citation / case number
AIR 2011 SUPREME COURT 1637
Court
Supreme Court of India
Petitioner
Hitesh Bhatnagar
Respondent
Deepa Bhatnagar
Author
H.L. Dattu
Bench
H. L. Dattu, D. K. Jain

Judgment text excerpt

The Supreme Court addressed the issue of whether consent given for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 can be withdrawn after 18 months from the filing of the petition. The Court held that once the consent is given, it cannot be unilaterally withdrawn after the stipulated period, and the court may grant a decree of divorce if it is satisfied that the parties have been living separately and that the marriage should be dissolved. The appeal was allowed, affirming the need for mutual consent to be maintained throughout the divorce process.

Hitesh Bhatnagar vs Deepa Bhatnagar · Niyam