Single Bench Hearing Transfer Petitions Cannot Pass Mutual Consent Divorce Decree Invoking Article 142: Supreme Court

The Supreme Court observed that a single bench hearing Transfer petition cannot pass a decree divorce by mutual consent under Section under Section 13 B of the Hindu Marriage Act, 1955 read with Article 142 of the Constitution of India.In a recent order, Justice Abhay S. Oka, referring to Supreme Court Rules 2013, said he could not pass a decree of divorce 'sitting singly'.Before the. The Supreme Court observed that a single bench hearing Transfer petition cannot pass a decree divorce by mutual consent under Section under Section 13 B of the Hindu Marriage Act, 1955 read with Article 142 of the Constitution of India. Justice Oka, while considering their prayer to pass a decree of divorce, referred to Proviso to Rule 1 of Order VI of the Supreme Court Rules, as per which, the jurisdiction of a Judge sitting singly is confined to grant relief under Section 25 of the Code of Civil Procedure, 1908. Order VI Rule 1, after the said amendment reads as follows: Provided that the following categories of matters may be heard and disposed of finally by a Judge sitting singly nominated by the Chief Justice: Special leave petitions arising out of grant, dismissal or rejection of Bail Application or Anticipatory Bail Application in the matters filed against the order passed under section 437, section 438 or section 439 of the Code of Criminal Procedure, 1973 involving the offences punishable with sentence up to seven years imprisonment; Applications for transfer of cases under section 406 of the Code of Criminal Procedure, 1973 ; Application of an urgent nature for transfer of cases under section 25 of the Code of Civil Procedure, 1908 ; Any other category of cases notified by the Chief Justice from time to time, which may be heard and disposed of finally by a Judge sitting singly nominated by him.