AIR 2018 SUPREME COURT 202 ::(2018) 1 WLC(SC)CVL 707 ::(2018) 1 HinduLR 610 ::(2018) 4 CivLJ 580 ::(2018) 2 All RentCas 178 ::2018 (11) SCC 80 ::(2018) 1 RecCivR 591 ::(2017) 14 Scale 316 ::AIR 2018 SC (Civil) 689 ::(2018) 1 CurCC 98 ::(2018) 2 Cal HN 83 ::(2018) 127 All LR 183 ::(2018) 2 Bom CR 296 ::(2018) 1 DMC 149 ::(2018) 1 AndhLD 30 ::2018 (2) KCCR SN 109 (SC) ::(2018) 182 AllIndCas 69 (SC)

Supreme Court Of India

(From : Hyderabad)*

Hon'ble Judge(s): R. K. Agrawal, Abhay Manohar Sapre , JJ

Hindu Marriage Act (25 of 1955) , S.13B— Constitution of India , Art.142— Divorce by mutual consent - Parties living separately for more than four years - Marriage between parties irretrievably broken down - Both parties consenting to Agreement/MOU for dissolution of marriage - However, wife subsequently withdrawing consent - Marriage dissolved between parties in terms of Agreement/MOU. First, parties have admittedly entered into an Agreement/MOU dated 30.12.2014 agreeing therein to get their marriage dissolved by obtaining decree from Court. Second, Agreement/MOU bears signature of both parties. Third, wife never denied her signature on Agreement/MOU nor its execution and nor its contents. Fourth, both parties pursuant to Agreement/MOU actually filed an application u/S. 13-B of Act seeking dissolution of their marriage duly signed. Fifth, wife never stated before Family Court during cooling period of six months that she wants to wriggle out of application and does not wish to give her consent for mutual divorce. Sixth, wife also did not appear in person before High Court and nor filed any affidavit except to say through her lawyer. Seventh, parties have been living separately for last four years due to which their marriage has become irretrivable and there is no point in keeping such marriage alive because when asked husband whether he is prepared to contin....