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HIGH COURT OF ANDHRA PRADESH
SRI JUSTICE RAVI NATH TILHARI, SRI JUSTICE CHALLA GUNARANJAN, JJ
M. Venkata Pulla Rao @ Pulla Rao, S/o. Ranga Rao – Appellant
Versus
Maddala Udaya Lakshmi, W/o. Venkata Pullarao, D/o. Goona Ramaswamy @ Ramoji – Respondent
JUDGMENT :
(Ravi Nath Tilhari, J.)
Heard Sri P.Ravikanth, learned counsel representing Sri Venkat Challa, learned counsel for the appellant and Sri Ramji Varma, learned counsel representing Sri K.Sarva Bhouma Rao, learned counsel for the respondent.
2. This appeal under Section 28 of the Hindu Marriage Act, 1955 has been filed by the appellant/husband being aggrieved from the dismissal of his petition seeking divorce by an order dated 02.07.2013 in OP.No.124 of 2010 by the I Additional Senior Civil Judge, Rajahmundry. The OP was filed by the appellant/husband under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 seeking divorce on the ground of cruelty. After contest, the OP was dismissed, holding that there was no merit in the petition to grant divorce.
3. During the pendency of the appeal, I.A.No.2 of 2024 was filed to record the memorandum of compromise dated 05.09.2024 and to set aside the order dated 02.07.2013 in OP No.124 of 2010 in terms of the compromise and thereby dissolving the marriage dated 17.12.2004.
4. The Memorandum of compromise containing Terms of Compromise are annexed to I.A.No.2 of 2024 and are signed by both the parties and their respective counsels.
5. I.A.No
The waiting period under Section 13-B(2) of the Hindu Marriage Act is directory, allowing courts to grant divorce by mutual consent without delay when reconciliation is impossible.
The waiting period under Section 13-B(2) of the Hindu Marriage Act is directory, allowing courts to grant immediate divorce when the marriage is irretrievably broken.
The statutory cooling-off period under Section 13-B(2) of the Hindu Marriage Act is directory, allowing for a divorce by mutual consent even at the appellate stage.
(1) Divorce by mutual consent – If marriage has broken down irretrievably, statutory waiting period of six months ca be waived.(2) A Judgment is a precedent for the issue of law that is raised and de....
Point of law: Mutual divorce – Waiving of six month periods - it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of part....
The cooling-off period under Section 13-B(2) of the Hindu Marriage Act, 1955 is directory and can be waived by the court in cases where reconciliation is not possible.
The statutory waiting period under Section 13-B(2) of the Hindu Marriage Act is directory and can be waived by the court if reconciliation is not possible and the parties have been separated for a si....
The court established that the six-month waiting period under Section 13B of the Hindu Marriage Act is directory, permitting waiver when reconciliation is not feasible.
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