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Issues:
1. Interpretation of Section 13-B of the Hindu Marriage Act, 1955 regarding the cooling period for mutual divorce. 2. Invocation of powers under Article 142 of the Constitution by the Supreme Court for granting mutual divorce. 3. Consideration of specific circumstances justifying the conversion of proceedings from Section 12 to Section 13-B of the Hindu Marriage Act. Analysis: 1. The judgment deals with the interpretation of Section 13-B of the Hindu Marriage Act, 1955, which mandates a cooling period of six months for mutual divorce. The court notes that the legislative intent behind this provision is to save the institution of marriage. However, the court acknowledges that in certain situations, invoking Article 142 of the Constitution for complete justice may be necessary. The court cites precedents where such powers were invoked to grant mutual divorce in irreconcilable situations, emphasizing that not every case requires the exercise of Article 142 powers. 2. The court examines the specific case before it, where the parties had been living separately for over a year, had agreed to dissolve the marriage mutually, and had completed four months of the cooling period. Despite the formalities, the court observes that there were no substantial marital ties between the parties. Considering the circumstances, the court decides to invoke its powers under Article 142 to grant a decree of mutual divorce, as continuing the statutory cooling period would only prolong the agony of the parties unnecessarily. 3. In the context of the specific case, the court finds it appropriate to convert the ongoing proceedings under Section 12 of the Hindu Marriage Act into one under Section 13-B. The court notes that the parties had already agreed to mediation and had taken steps towards mutual divorce. Given the lack of marital ties and the fulfillment of conditions for mutual divorce, the court deems it fit to grant the decree of mutual divorce under Article 142 of the Constitution. The judgment concludes by allowing the appeal, granting the mutual divorce, and withdrawing the proceedings before the Additional District Judge for disposal by the Supreme Court. In conclusion, the judgment provides a nuanced analysis of the statutory provisions, judicial precedents, and specific circumstances to justify the invocation of Article 142 powers for granting mutual divorce in the interest of complete justice.
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