Supreme Court · 2011 INSC 306 · Decided 18 April 2011
Hitesh Bhatnagar v. Deepa Bhatnagar
- Court
- Supreme Court of India
- Citation
- 2011 INSC 306 · [2011] 6 S.C.R. 118
- Case number
- CIVIL APPEAL No. 6288/2008
- Decided
- 18 April 2011
- Bench
- D.K. JAIN, H.L. DATTU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 142; Hindu Marriage Act Section 138
Headnote
'-· Hindu Marriage Act, 1955 - s. 138 - Petition for divorce by mutual consent - Withdrawal of consent - Whether the C consent Once given can be subsequently withdrawn by one of the parties after the expiry of 18 months from the date of the filing of the petition in accordance with by mutual consent when the consent has been withdrawn by one of the D parties, and If so, under what circumstances - Held: The language employed in s. 138(2) is clear- If the second motion is not made within the period of 18 months, then the Court is not bound to pass a decree of dlvon:e by
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