Legal Provisions Involved: Section 13 of the Hindu Marriage Act, 1955 and Article 142 of the Constitution of India.

Judgement By: Supreme Court of India.

Judge/Bench: Justice Vikram Nath and Justice Sandeep Mehta.

Facts

The wife was working with Infosys and was posted abroad. After marriage, she lived with her husband in Bengaluru. Over time, disputes arose between them. In 2021, the wife again went to the USA due to her job. The husband later filed a divorce case claiming that the wife had deserted him. The Family Court granted divorce on this ground, which was also upheld by the High Court. The wife then approached the Supreme Court.

Key Legal Provisions

Section 13 allows divorce on grounds such as desertion. Article 142 gives the Supreme Court power to do complete justice.

Issues Raised

Whether the divorce should continue on the ground of desertion or be granted by mutual consent?

Arguments of the Case

The wife stated that she never deserted her husband and left India only for work reasons. She agreed to divorce but did not want it to be based on desertion. The husband also agreed to divorce by mutual consent.

Judgement

The Supreme Court held that the marriage had completely broken down and there was no chance of reunion. Using its powers under Article 142, the Court converted the divorce into one by mutual consent and disposed of the appeal.

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