Main Search Premium Members Advanced Search Disclaimer
Cites 2 docs
Section 13B in The Hindu Marriage Act, 1955
Article 142 in The Constitution Of India 1949
Citedby 6 docs - [View All]
Sanghamitra Ghosh vs Kajal Kumar Ghosh on 20 November, 2006
Savitri Pandey vs Prem Chandra Pandey on 8 January, 2002
Smt. Rita Bhattacharjee vs Shanti Ranjan Bhattacharjee on 12 January, 2009
S.Valli vs N.Rajendran on 12 February, 2010
Jagdish Mangtani vs Geeta Jagdish Mangtani on 22 January, 2002

Try out the Virtual Legal Assistant to take your notes as you use the website, build your case briefs and professionally manage your legal research. Also try out our Query Alert Service and enjoy an ad-free experience. Premium Member services are free for one month and pay only if you like it.
Supreme Court of India
Madhuri Mehta vs Meet Verma on 7 May, 1997
Equivalent citations: JT 1998 (9) SC 270, (1997) 11 SCC 81
Bench: M Punchhi, S Majmudar


1. During the course of hearing of this transfer petition, parties have jointly made an application under Section 13B of the Hindu Marriage Act, 1955 before us praying for dissolution of their marriage by mutual consent and in the body of the application a provision has been made for their only child. Though the child has been conferred the right to visit his father as and when he likes, there is no corresponding right with the father to visit his child. That state of affairs would be violating the rights of the child and the father. The husband will, thus, have a right of visitation to see his child but after giving due intimation to the mother. The parties have been estranged and have kept apart since January 1996. Earlier to the present status, the parties had their earlier marriages broken or disrupted. The husband lost his wife in a vehicular accident and the wife had divorced her earlier husband. In this background their differences can well be appreciated when both of them are highly educated doctOrs. Keeping that in view, we entertain this application and grant them divorce by mutual consent in exercise of our powers under Article 142 of the Constitution, for which there is ample authority reflective from past decisions of this Court. The divorce petition pending in the Family Court at Patna, shall stand disposed of automatically by this order.

2. The transfer petition and the divorce petition are disposed of accordingly.