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Divorce can be granted even if spouse retracts: SC

Divorce can be granted to a couple even if one of the spouse retracts after initially agreeing for the separation under 'mutual consent',ruled the Supreme Court.

Written by Agencies | New Delhi |
September 2, 2009 6:54:56 pm

Divorce can be granted to a couple even if one of the spouse retracts after initially agreeing for the separation under “mutual consent”,the Supreme Court has ruled.

A bench of Justices Altamas Kabir and Cyriac Joseph however,ruled that divorce in such exceptional cases cannot be granted by any other court except the Supreme Court using its extraordinary power vested under Article 142; but no other court can grant such relief.

Under Article 142 of the Constitution,the Supreme Court enjoys extraordinary powers to pass any order/directions/ judgements to do justice to citizens or any party in a dispute before the court.

In the present case,the apex court passed the decree of divorce after noticing that the estranged wife Maya Jain initially agreed to a divorce on the condition that she would get certain properties of the husband transferred in her name.

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But once the property was transferred in her name,she withdrew her consent,thus frustrating the efforts of the husband to obtain divorce.

The wife took the stand that neither she wanted a divorce nor had the intention to stay with the husband and yet insisted that she would not allow him to have divorce by “mutual consent” as initially agreed to by her before the transfer of the property.

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