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2011 Supreme(SC) 421

Hitesh Bhatnagar – Appellant
Versus
Deepa Bhatnagar – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • A marriage can be dissolved on the ground of irretrievable breakdown only when the Court is fully convinced that there is no possibility of the marriage surviving and it is beyond repair. Even if the chances of survival are minimal, the Court should refrain from exercising its power to dissolve the marriage under extraordinary jurisdiction unless absolutely justified (!) (!) .

  • The primary basis for granting a decree of divorce by mutual consent is the genuine and free mutual consent of both parties. Such consent must be demonstrably clear and should not be obtained under force, fraud, or undue influence (!) (!) .

  • The law stipulates a mandatory waiting period of at least six months and up to eighteen months from the date of filing the petition before the court can pass a decree of divorce by mutual consent. This period is intended for reflection and reconciliation, not for withdrawal of consent (!) (!) .

  • The withdrawal of consent by either party at any time before the passing of the decree is permissible and can prevent the court from granting the divorce. The mutual consent must be maintained throughout the process, and the absence of a second motion within the prescribed period means the court is not bound to grant divorce (!) (!) .

  • The court’s jurisdiction to grant divorce by mutual consent is contingent upon the existence of mutual consent at the time of the second motion and the court's satisfaction that the consent was given freely and is still valid (!) .

  • The Court cannot exercise its extraordinary power under constitutional provisions to dissolve a marriage if the parties do not genuinely desire to end the marriage or if one party wishes to continue the marriage for reasons such as the welfare of their child or other compassionate grounds (!) (!) (!) .

  • The power under constitutional provisions should be exercised sparingly and only when the statutory provisions are insufficient to deliver justice, and the Court must ensure that such exercise does not contravene or ignore existing laws (!) (!) .

  • In cases where there is a persistent desire to continue the marriage, despite bitterness or long separation, the Court should consider giving the marriage another chance, especially when the marriage is not beyond repair and the parties are willing to reconcile for the sake of their future and their children (!) (!) .

  • Overall, the process emphasizes the importance of mutual, voluntary consent, adherence to statutory procedures, and careful judicial scrutiny before dissolving a marriage, ensuring that the decision is just and in accord with legal principles (!) (!) (!) .

Please let me know if you need further analysis or specific legal advice.


JUDGMENT

H.L. Dattu, J. —

1) Marriages are made in heaven, or so it is said. But we are more often than not made to wonder what happens to them by the time they descend down to earth. Though there is legal machinery in place to deal with such cases, these are perhaps the toughest for the courts to deal with. Such is the case presently before us.

2) The appellant-husband and the respondent-wife got married according to the Hindu Marriage Act, 1955 [hereinafter referred to as ‘the Act’] in 1994, and are blessed with a daughter a year thereafter. Some time in the year 2000, due to differences in their temperaments, they began to live separately from each other and have been living thus ever since. Subsequently, in 2001, the parties filed a petition under Section 13B of the Act before the District Court, Gurgaon, for dissolution of the marriage by grant of a decree of divorce by mutual consent. However, before the stage of second motion and passing of the decree of divorce, the respondent withdrew her consent, and in view of this, the petition came to be dismissed by the Ld. Addl. District Judge, Gurgaon, though the appellant insisted for passing of the decree. The appellant, being ag















































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