Supreme Court · 2010 INSC 318 · Decided 12 May 2010

Neeti Malviya v. Rakesh Malviya

Court
Supreme Court of India
Citation
2010 INSC 318 · [2010] 6 S.C.R. 1103
Case number
TRANSFER PETITION (CIVIL) No. 899/2007
Decided
12 May 2010
Bench
D.K. JAIN, C.K. PRASAD (2-judge bench)
Outcome
Hearing Adjourned
Case type
Civil
Acts & sections cited
Constitution Article 142; Hindu Marriage Act

Headnote

Hindu Marriage Act, 1955: A B s.13-8(2) - Divorce by mutual consent - Settlement c between the parties before Supreme Court Lok Ada/at - Terms of settlement complied with - WaiJ[ng of the period of second motion in terms of sub-s.(2) of s.13-8 - Held: The language of sub-s. (2) of s. 13-8 is clear frame laid down therein, i.e. the 0 second motion under the said sub-section cannot be made earlier than six months after the date of presentation of the petition under sub-s.(1) of s.13-8 - However, in view of more than one opinion expressed in the judgments of the Supreme Court on the issue,

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