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IN THE HIGH COURT OF ANDHRA PRADESH
RAVI NATH TILHARI, CHALLA GUNARANJAN, JJ
Arumalla Krishna Kishore Reddy, S/o Sambi Reddy – Appellant
Versus
Arumalla Sujatha, W/o. Krishna Kishore Reddy, D/o. Venkat Subba Reddy – Respondent
| Table of Content |
|---|
| 1. parties residing separately (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. irretrievably broken down (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. waiting period is directory (Para 15 , 16 , 17 , 18 , 19 , 22) |
| 4. decree of divorce granted (Para 23 , 24) |
JUDGMENT :
(Ravi Nath Tilhari, J.)
Heard Sri S. Krishna Reddy, learned counsel for the appellant/husband and Sri K. K. Durga Prasad, learned counsel for the respondent/wife.
2. This appeal under Section 28 of the Hindu Marriage Act has been filed by the appellant/husband, challenging the Judgment and Decree, dated 25.04.2023 passed in H.M.O.P.No.220 of 2018 on the file of the Senior Civil Judge, Bhimavaram. The HMOP was filed by the appellant/husband under Section 13 (1) (ia) (ib) of the Hindu Marriage Act, 1955 seeking divorce on the ground of cruelty and desertion. After contest, the HMOP was dismissed, holding that there was no merit in the petition to grant divorce.
3. During the pendency of the appeal, I.A.No.1 of 2024 was filed to record the memorandum of compromise dated 16.12.2024 and to allow the HMOP No.220 of 2018 in terms of the compromise.
4. The Memorandum of Understanding and the Memorandum of Terms of Compromise are annexed to
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 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 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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