Supreme Court of India

Anil Kumar Jain v. Maya Jain

Neutral citation
Reported as [2009] 14 S.C.R. 90
Bench Altamas Kabir and Cyriac Joseph JJ.
Decided 1 September 2009

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.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that this is a fit case where we may exercise the powers vested in us under Article 142 of the Constitution.

Judgment, page 16

From the headnote

HINDU MARRIAGE ACT, 1955: c s. 13-8 - Petition for divorce by mutual consent - Couple living separately for seven years - Under a settlement, husband transfening valuable properly rights in favour of wife and the wife enjoying the properly - After registration of transfer in favour of wife, she withdrew her consent and still 0 insisted on living separately - Held: Consent given by parties for mutual divorce uls. 13-8 has to subsist till a decree is passed and in the event either of the parties withdraws the consent before passing of the final decree, petition uls 13-8 would not survive and

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 4 referred to

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