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One Works During Day, Other At Night, Where’s Time For Marriage? SC Raps Techie Couple Seeking Divorce

by OB Bureau
April 24, 2023
in India, Legal
Reading Time: 2 mins read
most divorces from love marriages

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New Delhi: A Bengaluru techie couple seeking divorce was advised by the Supreme Court to give their marriage a second chance as they were not able to devote time to their marital life.

“Where is the time for marriage? Both of you are software engineers posted in Bengaluru. One goes to duty during the day and the other at night. You have no regret for divorce but have regret for marriage. Why don’t you give a second chance to the marriage,” suggested a bench of Justices K M Joseph and B V Nagarathna.

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Justice Nagarathna said that Bengaluru is not a place where divorces take place frequently and the couple may give a chance towards their union, reported PTI.

But that sensible advice won’t work in this case as both the husband and wife’s counsels told the apex court that during the pendency of this petition, the parties were referred to Supreme Court Mediation Centre to explore the possibility of a settlement between them.

The Supreme Court was informed that the couple has agreed on a settlement agreement in which they have decided to dissolve their marriage by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 on certain terms and conditions, PTI reported.

The SC bench then issued an order on April 18.

“When queried by this Court, the parties stated that they have indeed agreed to settle their disputes amicably by parting ways and seeking divorce by mutual consent. They also state that the terms of settlement would be adhered to by them and hence, the marriage may be dissolved by a decree of divorce by mutual consent,” the order noted.

“We have taken on record the settlement agreement as well as the application filed under Article 142 of the Constitution. We have perused the same. On perusal, we find that the terms of the settlement agreements are lawful and there is no legal impediment for accepting the terms of settlement… In the circumstances, we exercise our power under Article 142 of the Constitution and dissolve the marriage between the parties by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955,” the top court said.

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