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TMI Blog2012 (8) TMI 1236X X X X Extracts X X X X X X X X Extracts X X X X ..... of second motion, as contemplated Under Section 13-B of the aforesaid Act, which is extracted hereinbelow for reference: 13-B. Divorce by mutual consent - (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. 3. The Section itself provides for a cooling period of six months on the first motion be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e other conditions contained in Section 13-B(1) of the Act had also been satisfied as the parties had been living separately for more than a year and had mutually agreed that the marriage should be dissolved. It was urged that except for the formality of not having made an application Under Section 13-B, the other criteria had been duly fulfilled and having regard to the language of Section 13-B, a decree of dissolution of the marriage by way of mutual divorce should not be denied to the parties, since four months out of waiting period of six months contemplated Under Section 13-B had already been completed. 7. It was contended that as was done in the case of Anil Kumar Jain (supra), this Court could invoke its powers under Article 142 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e into a proceeding Under Section 13-B of the Act. Treating the petition as one Under Section 13-B of the aforesaid Act, this Court by invoking its powers under Article 142 of the Constitution, granted a decree of mutual divorce at the stage of the SLP itself. In different cases in different situations, this Court had invoked its powers under Article 142 of the Constitution in order to do complete justice between the parties. 10. Though we are not inclined to accept the proposition that in every case of dissolution of marriage Under Section 13-B of the Act the Court has to exercise its powers under Article 142 of the Constitution, we are of the opinion that in appropriate cases invocation of such power would not be unjustified and may even ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orce by mutual consent on or before 15.4.2012. On the strength of the said petition, the HMA proceedings were disposed of as withdrawn. Subsequently, on 13.4.2012 the parties filed a joint petition Under Section 13-B of the Act on which the order came to be passed by the learned Additional District Judge -01, West Delhi, fixing the date for the second motion on 15.10.2012. 12. It is quite clear from the materials on record that although the marriage between the parties was solemnized on 26.3.2011, within 3 months of the marriage the Petitioner filed a petition Under Section 12 of the Hindu Marriage Act, 1955, for a decree of nullity of the marriage. Thereafter, they have not been able to live together and lived separately for more than 1 ye ..... X X X X Extracts X X X X X X X X Extracts X X X X
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