Marriage Irretrievably Broken Down, Settlement Reached — Manpreet Kaur
The parties have been living separately for over a decade, have voluntarily settled all disputes with payment of Rs. 4 crores, and both consent to divorce.
Manpreet Kaur v. Harjyot Singh Bhalla — T.P.(Crl.) No. 569 of 2022Core Argument
The parties have been living separately for over a decade, have voluntarily settled all disputes with payment of Rs. 4 crores, and both consent to divorce. This Court should exercise its power under Article 142 of the Constitution of India to dissolve the marriage immediately without waiting for the statutory period under Section 13-B of the Hindu Marriage Act, 1955.
Key Precedents
- Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 — Supreme Court held that the waiting period under Section 13-B of the Hindu Marriage Act, 1955 is directory, not mandatory, and can be waived by the court where the parties have settled all disputes and there is no possibility of reconciliation.
- Shilpa Sailesh v. Varun Sreenivasan (2023) — Supreme Court exercised power under Article 142 of the Constitution of India to dissolve marriage by mutual consent without waiting period where parties had settled all claims.
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