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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

WRIT PETITION (C) No.  530 OF 2016 B A VANI                                    Petitioner(s)

                               VERSUS UNION OF INDIA AND ANOTHER                  Respondent(s)

J U D G M E N T

KURIAN, J. 1. Thanks to the intervention of the learned Amicus Curiae, it appears that good sense has prevailed upon the petitioner and the second respondent.   2. It  is  submitted  that  they  have,  accordingly, filed  a  petition  under  Section  13B  of  the  Hindu Marriage  Act  for  a  decree  of  divorce  on  mutual consent.   3. Both the petitioner and the second respondent are present before this Court today.  Both are Advocates. 4. It is submitted by the learned Amicus Curiae that this is an eminently fit case where this Court could invoke  its  jurisdiction  under  Article  142  of  the Constitution of India for waiving off the six months' period  provided  under  Section  13B  of  the  Hindu Marriage Act in view of the long separation of seven years between the parties and the several rounds of litigation the parties have gone through.   

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5. Though the Writ Petition is wholly misconceived, in view of the steps now taken by the petitioner and for  which  the  second  respondent-husband  has wholeheartedly supported, we are of the view that the interest  of  justice  would  demand  that  the  ordeal should be put to quietus once and for all.   6. Accordingly, the marriage between the petitioner and the second respondent stand dissolved by way of a decree of divorce on mutual consent, under Section 13B of the Hindu Marriage Act.   7. Subject to the above relief, the Writ Petition is dismissed.  8. We  record  our  appreciation  on  the  strenuous efforts  taken  by  the  learned  Amicus  Curiae  in assisting the Court in the matter.   

Pending interlocutory applications, if any, are disposed of.       

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ R. K. AGRAWAL ]  

New Delhi; November 07, 2016.