Divorce in India: Supreme Court itself said.. ‘Why don’t you give time to each other’

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Supreme Court: The Supreme Court has asked a software engineer couple seeking divorce as to why they do not want to give themselves another chance to maintain the marriage as both were unable to give time to their relationship. Justice K. M. Joseph and Justice B.K. V. Nagaratna’s bench said, “Where is the time (only) to have a matrimonial relationship.” You both are software engineers in Bangalore. One goes on duty during the day and the other at night. You have no regret for divorce, but are regretting for marriage. Why don’t you give (yourself) a second chance to maintain the marital relationship.”

 

Justice Nagaratna said that Bengaluru is not a place where divorces happen frequently and can give the couple another chance to reconnect with each other. However, the counsel for both the husband and wife told the bench that during the pendency of this petition, the parties concerned had been sent to the mediation center of the apex court to explore the possibility of amicable settlement.

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The bench was informed that both the husband and the wife have entered into a settlement wherein they have decided to dissolve their marriage by mutual consent under Section 13B of the Hindu Marriage Act, 1955 on certain terms and conditions. The lawyers informed the bench that one of the conditions is that the husband shall pay a total of Rs 12.51 lakh as permanent alimony towards complete and final settlement of all monetary claims of the wife.

 

In such circumstances, the top court said, “We exercise our power under Article 142 of the Constitution and under Section 13B of the Hindu Marriage Act, 1955 to dissolve the marriage relationship between the parties in the backdrop of a decree of divorce by mutual consent.” Allow us to finish.

 

The court also quashed various cases filed by husband and wife in Rajasthan and Lucknow under Dowry Prohibition Act, Domestic Violence Act and other related matters.

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