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Supreme Court of India 2016-04-27 allowed

Nikhil Kumar vs Rupali Kumar

Bench: 2 — Kurian

In Brief

In this mutual consent divorce case, the husband sought to waive the mandatory six-month waiting period under the Hindu Marriage Act because his wife was relocating to New York for work and resettlement after their marriage broke down. Both parties were educated professionals who had consciously decided to divorce without coercion. The Supreme Court held that under Article 142 of the Constitution, it could waive the statutory waiting period in exceptional circumstances where both parties freely consented and unusual hardship would result from enforcing the period. The Court dissolved the marriage immediately, finding complete justice required recognizing the parties' mature, consensual decision and the wife's imminent relocation.

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Family Law Divorce Mutual Consent Divorce Constitutional Law Article 142 Judicial Discretion

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