Madhuri Mehta
v.
Meet Verma
(Supreme Court Of India)
Transfer Petition (C) No. 830 of 1996 | 07-05-1997
1. During the course of hearing of this transfer petition, parties have jointly made an application under Section 13-B of the Hindu Marriage Act, 1955 before us praying for dissolution of their marriage by mutual consent and in the body of the application a provision has been made for their only child. Though the child has been conferred the right to visit his father as and when he likes, there is no corresponding right with the father to visit his child. That state of affairs would be violating the rights of the child and the father. The husband will, thus, have a right of visitation to see his child but after giving due intimation to the mother. The parties have been estranged and have kept apart since January 1996. Earlier to the present status, the parties had their earlier marriages broken or disrupted. The husband lost his wife in a vehicular accident and the wife had divorced her earlier husband. In this background their differences can well be appreciated when both of them are highly educated doctors. Keeping that in view, we entertain this application and grant them divorce by mutual consent in exercise of our powers under Article 142 of the Constitution, for which there is ample authority reflective from past decisions of this Court. The divorce petition pending in the Family Court at Patna, shall stand disposed of automatically by this order
2. The transfer petition and the divorce petition are disposed of accordingly.
2. The transfer petition and the divorce petition are disposed of accordingly.
Advocates List
For
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE M. M. PUNCHI
HON'BLE JUSTICE S. B. MAJMUDAR
Eq Citation
JT 1998 (9) SC 270
(1997) 11 SCC 81
LQ/SC/1997/839
HeadNote
Family and Personal Laws — Hindu Marriage Act, 1955 — Ss. 13-B and 13-B(1)(a) and (b) — Divorce by mutual consent — Parties highly educated doctors — Estranged and kept apart since January 1996 — Earlier to present status, parties had their earlier marriages broken or disrupted — Husband lost his wife in a vehicular accident and wife had divorced her earlier husband — Divorce granted by Supreme Court under Article 142 of the Constitution — Constitution of India, Art. 142 (Paras 1 and 2)
Thank you for subscribing! Please check your inbox to opt-in.
Oh no, error happened! Please check the email address and/or try again.