Only mutual consent not enough to dissolve Hindu marriage: SC
The Supreme Court has held that courts do not have unfettered powers to pass a divorce decree under the Hindu Marriage Act even if consent has been given by the husband and wife for dissolution as it is subject to the fulfilling of certain conditions.
These conditions are enumerated in Sections 13 and 13B of the Hindu Marriage Act, the apex court held. “No court can assume jurisdiction to dissolve a Hindu marriage on the basis of the consent of the parties de hors the grounds enumerated under Section 13 of the Act, unless of course the consenting parties proceed under Section 13B of the act,” a bench comprising Justices Aftab Alam and R.M. Lodha ruled.
“A Hindu marriage can be dissolved only on any of the grounds plainly and clearly enumerated under Section 13 of the Hindu Marriage Act,” the apex court held.
Section 13 enumerates 10 conditions for divorce, including adultery, conversion to other religion, one of the spouses becoming insane, one of the spouses suffering from virulent and incurable form of leprosy or venereal disease, renounced the world, went missing and not traceable for seven years, spouses have not resumed cohabitation for two years, and on the failure to comply with the restitution of conjugal rights.
Section 13B, inserted in the act in 1976, provides for dissolution of marriage by mutual consent by the husband and wife if they have been living separately for a period of one year or more and conclude that they cannot live together.
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