Supreme Court · 2009 INSC 1101 · Decided 1 September 2009
Anil Kumar Jain v. Maya Jain
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1101 · [2009] 14 S.C.R. 90
- Case number
- CIVIL APPEAL No. 5952/2009
- Decided
- 1 September 2009
- Bench
- ALTAMAS KABIR, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 142; Hindu Marriage Act
Headnote
HINDU MARRIAGE ACT, 1955: c s. 13-8 - Petition for divorce by mutual consent - Couple living separately for seven years - Under a settlement, husband transfening valuable properly rights in favour of wife and the wife enjoying the properly - After registration of transfer in favour of wife, she on living separately - Held: Consent given by parties for mutual divorce uls. 13-8 has to subsist till a decree is passed and in the event either of the parties withdraws the consent before passing of the final decree, petition uls 13-8 would not survive and will have to be dismissed - However,
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)