Sapna Rani Vs. Pankaj
Singla  INSC 1226 (25 July 2008)
JURISDICTION CIVIL APPEAL NO.4637 OF 2008 (Arising out of S.L.P. (C) No.7604 of
2008) Sapna Rani ...Appellant(s) Versus Pankaj Singla ...Respondent(s) O R D E
R Heard learned counsel appearing on behalf of the petitioner and the
respondent, who has appeared in-person.
Though the petition
was placed under the heading "Incomplete After Notice Matters", but
both the parties agreed that the matter should be taken up for hearing and
finally disposed of.
It appears that a
petition under Section 13-B of the Hindu Marriage Act, 1955 [for short, `the
Act'] was filed before the Trial Court to grant mutual consent divorce decree but
as, at the second motion stage, husband did not appear, divorce decree could
not be granted and the petition for divorce was dismissed. The said order has
been confirmed by the High Court. Hence, this appeal by special leave by the
....2/- -2- Both the
husband and wife are present in court. The wife is represented by counsel,
whereas the husband is appearing in-person. The husband stated that he still
maintains his stand which he had taken in the petition under Section 13-B of
the Act to grant mutual consent divorce decree. The wife, who is also present
in court, while agreeing to grant divorce decree, stated that she does not want
any amount towards permanent alimony. In view of this, in our view, it is a fit
case to set aside the impugned orders and grant mutual consent decree for
appeal is allowed, impugned orders are set aside and mutual consent divorce
decree is granted.
Delhi, July 25, 2008.