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2014 Supreme(All) 712

SHASHI KANT GUPTA
SARIKA – Appellant
Versus
SURENDRA @ HAPPY – Respondent


Advocates:
Counsel :
H.P. Dube and Sanjay Mishra for the Petitioner.

JUDGMENT

Hon’ble Shashi Kant Gupta, J.—This writ petition has been filed against the order dated 14.1.2014 whereby the application jointly filed by the parties under Section 13B of the Hindu Marriage Act for mutual divorce has been rejected on the ground that it was premature.

2. Heard learned counsel for the petitioner and perused provisions of the Hindu Marriage Act.

3. Sections 13B and 14 of the Hindu Marriage Act (in short “Act”) which are relevant for the purpose of deciding the present petition are quoted hereinbelow;

“13-B. Divorce by mutual consent.—(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made earlier than six months after the date of the presentation of the petition referred to

























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