Article 142-Divorce by mutual consent-Application under Section 13B, dismissed as wife did not appear in the proceedings-Appeal before High Court also dismissed as wifes counsel stated that she was not giving consent for divorce-Marriage has become irretrievable-Conduct of wife shows that she is not interested in keeping the marriage alive-Hence marriage is dissolved-Appeal allowed.

Article 142-Divorce by mutual consent-Application under Section 13B, dismissed as wife did not appear in the proceedings-Appeal before High Court also dismissed as wifes counsel stated that she was not giving consent for divorce-Marriage has become irretrievable-Conduct of wife shows that she is not interested in keeping the marriage alive-Hence marriage is dissolved-Appeal allowed.

A V G V Ramu vs A S R Bharathi

Supreme Court

14/12/2017

2017 CJ(SC) 1501; CIVIL APPEAL No. 22913 OF 2017 (ARISING OUT OF SLP (C) No.31476/2016)

About/from the judgment:

Hindu Marriage Act, 1955, Section 13B-Constitution of India, 1950, Article 142-Divorce by mutual consent-Application under Section 13B, dismissed as wife did not appear in the proceedings-Appeal before High Court also dismissed as wifes counsel stated that she was not giving consent for divorce-Appeal filed before Apex Court-Though notice sent, she made no appearance-Whether marriage can be dissolved exercising powers under Article 142-Admittedly, parties had entered into an agreement to get their marriage dissolved, which bears their signatures-Wife never denied its execution, contents or even her signature on it-Pursuant thereto, both parties filed an application under Section 13B-Wife never expressed her desire of not wanting to give divorce, during the cooling period-She did not appear before High Court, nor filed any affidavit-They have been living separately for last four years-Marriage has become irretrievable-Conduct of wife shows that she is not interested in keeping the marriage alive-Hence marriage is dissolved-Appeal allowed.

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