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issue of whether consent given for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 can be withdrawn after 18 months from the filing of the petition. The Court held that once the consent is given, it cannot be unilaterally withdrawn after the stipulated period, and the court may grant a decree of divorce if it is satisfied that the parties have been living separately and that the marriage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