Supreme Court of India · 2012-08-22
Devinder Singh Narula vs Meenakshi Nangia
- Citation / case number
- AIR 2012 SUPREME COURT 2890
- Court
- Supreme Court of India
- Petitioner
- Devinder Singh Narula
- Respondent
- Meenakshi Nangia
- Author
- Altamas Kabir
- Bench
- J. Chelameswar, Altamas Kabir
Judgment text excerpt
The Supreme Court held that under Section 13-B of the Hindu Marriage Act, 1955, the cooling-off period of six months can be considered fulfilled if the parties have been living separately for over a year and have mutually agreed to dissolve the marriage. The Court invoked Article 142 of the Constitution to grant a decree of divorce, emphasizing that technicalities should not obstruct substantive justice. The appeal was allowed, and the order of the Additional District Judge was set aside, permitting the dissolution of marriage by mutual consent.