RACHNA MITTAL MS Vs. LT KULDEEPAK MITTAL
LAWS(SC)-1995-3-86
SUPREME COURT OF INDIA
Decided on March 24,1995

Rachna Mittal Ms Appellant
VERSUS
Lt Kuldeepak Mittal Respondents

JUDGEMENT

- (1.)When this petition for transfer was heard it appeared to us that the a marriage between the parties could not continue any more. The petition was, therefore, directed to be listed in the Chambers. The learned counsel for the wife stated that instead of continuing the agony it would be expedient considering the age of the petitioner and opposite party that their marriage may be dissolved by consent. But the learned counsel for the respondent had some reservations. We, therefore, discussed the matter with the husband Lt. Kuldeepak Mittal. He, too, appeared keen for the dissolution of marriage by consent but his reluctance arose as according to him if he agreed for divorce he would be required to vacate his family quarter where he is residing with his ailing mother. He also expressed apprehension about his future career. None of these matters in our opinion are relevant for giving consent under Section 28 of the Special Marriage Act. Therefore, we assured him that if these were the only hitch then we shall ensure about it while passing the order as the life of two young persons was more important. It would not be out of place to mention that the divorce petition was filed by the wife.
(2.)Today when the petition was taken up both the parties filed an application along with an affidavit under Section 27 of the Special Marriage Act giving out that they were dissolving their marriage without any pressure. Both Rachna Mittal and Lt. Kuldeepak Mittal are present. We are satisfied that they have given their consent without any pressure or ill-will. The application filed by them is, therefore, allowed and the marriage is dissolved. The copy of the consent memo shall form part of this order.
(3.)As regards apprehension of Shri Mittal we hope and trust that the Department shall not require him to vacate the family quarter at Bombay where he is residing with his ailing mother.


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