B A VANI Vs. UNION OF INDIA AND ANOTHER

Supreme Court of India (Division Bench (DB)- Two Judge)

Writ Petition (Civil), 530 of 2016, Judgment Date: Nov 07, 2016

                                                              NON-REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                         CIVIL ORIGINAL JURISDICTION

                     WRIT PETITION (C) No.  530 OF 2016


      B A VANI                                    Petitioner(s)

                                VERSUS

      UNION OF INDIA AND ANOTHER                  Respondent(s)

                               J U D G M E N T

KURIAN, J.

1.    Thanks to the intervention of the learned Amicus  Curiae,  it  appears
that  good  sense  has  prevailed  upon  the  petitioner  and   the   second
respondent.
2.    It is submitted that they have, accordingly, filed  a  petition  under
Section 13B of the Hindu Marriage Act for a  decree  of  divorce  on  mutual
consent.
3.    Both the petitioner and the second respondent are present before  this
Court today.  Both are Advocates.
4.    It is  submitted  by  the  learned  Amicus  Curiae  that  this  is  an
eminently fit case where this Court  could  invoke  its  jurisdiction  under
Article 142 of the Constitution of India for waiving  off  the  six  months'
period provided under Section 13B of the Hindu Marriage Act in view  of  the
long separation of seven years between the parties and  the  several  rounds
of litigation the parties have gone through.

5.    Though the Writ Petition is wholly misconceived, in view of the  steps
now taken by the petitioner and for which the second respondent-husband  has
wholeheartedly supported, we are of the view that the  interest  of  justice
would demand that the ordeal should be put to quietus once and for all.
6.    Accordingly, the  marriage  between  the  petitioner  and  the  second
respondent stand dissolved by way of a decree of divorce on mutual  consent,
under Section 13B of the Hindu Marriage Act.
7.    Subject to the above relief, the Writ Petition is dismissed.
8.    We record our appreciation on  the  strenuous  efforts  taken  by  the
learned Amicus Curiae in assisting the Court in the matter.
      Pending interlocutory applications, if any, are disposed of.


                                                   .......................J.
                                                       [ KURIAN JOSEPH ]

                                                   .......................J.
                                                       [ R. K. AGRAWAL ]

      New Delhi;
      November 07, 2016.