Supreme Court of India

Smt. Sureshta Devi v. Om Prakash

Neutral citation
Reported as [1991] 1 S.C.R. 274
Bench K. Jagannatha Shetty and S.C. Agrawal JJ.
Decided 7 February 1991

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, we allow the appeal and set aside the decree for dissolution of the marriage.

Judgment, page 8

From the headnote

c Hindu Marriage Act, 1955: Section 13- and 23(J)(bb)-Divorce by mutual consent-Filing of a petition under section 13- ( 1) does not 'r- - by itself snap marital ties-Parties are required to file a joint motion under Section 13- (2)-Joint Motion before the Court for hearing of the peti- tion should be 'of both the parties'-Mutual consent should continue till .r passing of decree- spouse can unilaterally withdraw his consent .... _ before passing of the divorce decree-Requirements of Section 13- explained-Expression 'living separately' and 'have not been able to live together'-Scope and

Where later benches applied it

Of those, 3 referred to · 1 mentioned

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