SHIKSHA KUMARI Vs. SANTOSH KUMAR

JUDGEMENT

(1.) The present reference arises from judgment dtd. 22/4/2025 rendered by a Division Bench of this court in MAT.APP. (F.C.) No. 111/2025, concerning the timeline prescribed for the presentation of a petition for divorce by mutual consent under sec. 13B(1) of the Hindu Marriage Act, 1955 ("HMA"). Having regard to the view taken by an earlier Division Bench of this court in Sankalp Singh vs. Prarthana Chandra,;2013 SCC OnLine Del 855 the Division Bench in the present matter has observed that the interpretation adopted in Sankalp Singh may warrant reconsideration.

(2.) In light of the divergent opinion that the Division Bench was inclined to express in its judgment dtd. 22/4/2025, it has formulated specific questions of law and requested Hon'ble the Chief Justice to place the matter before a Full Bench of this court for authoritative determination. The legal questions referred to the Full Bench read as follows:

(3.) To get the context of the issue involved, the text of sec. 13B of the HMA may be noticed : whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.