In Brief
Surbhi Sharma sought to convert her pending divorce petition before the Family Court, Bengaluru into one for mutual consent divorce. Both parties had executed a settlement deed dated 24 December 2021 resolving all disputes. The Supreme Court held that on the joint prayer of parties with a settlement deed, the Family Court must convert the existing petition under Section 13(B) of the Hindu Marriage Act, 1955, and treat the period of pendency as the mandatory cooling period, after which it shall pass a divorce decree in accordance with the settlement.
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