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august 2012

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.

Devinder Singh Narula vs Meenakshi Nangia · Niyam