Supreme Court of India

Hitesh Bhatnagar v. Deepa Bhatnagar

Neutral citation

Reported as [2011] 6 S.C.R. 118

Bench D.K. Jain and H.L. Danu JJ.

Decided 18 April 2011

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.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the eighteen month period was specified only to ensure quick disposal of cases of divorce G by mutual consent, and not to specify the time period for withdrawal of consent, as canvassed by the appellant.

Judgment, page 16

From the headnote

Hindu Marriage Act, 1955 - s. 138 - Petition for divorce by mutual consent - Withdrawal of consent - Whether the consent Once given can be subsequently withdrawn by one of the parties after the expiry of 18 months from the date of the filing of the petition in accordance with s.138(1); and whether the Court can grant a decree of divorce by mutual consent when the consent has been withdrawn by one of the parties, and If so, under what circumstances - Held: The language employed in s. 138(2) is clear- If the second motion is not made within the period of 18 months, then the Court is not bound

Authorities it was built on

2009 Laxmidas Morarji (dead ) by Lrs. v. Miss Behrose Darab Madan cited by 7
1991 Smt. Sureshta Devi v. Om Prakash cited by 4
2009 Smruti Pahariya v. Sanjay Pahariya cited by 3

Where later benches applied it

2024 Kiran Jyot Maini v. Anish Pramod Patel relied on
2026 Dhananjay Rathi v. Ruchika Rathi referred to
2024 Parvin Kumar Jain v. Anju Jain referred to
2023 Shilpa Sailesh v. Varun Sreenivasan referred to
2021 Sivasankaran v. Santhimeenal referred to
2019 R. Srinivas Kumar v. R. Shametha mentioned
2017 Amardeep Singh v. Harveen Kaur mentioned
2011 Inderjit Singh Grewal v. State of Punjab & Anr. mentioned

Of those, 1 relied on · 4 referred to · 3 mentioned

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