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IN THE HIGH COURT OF ANDHRA PRADESH
Ravi Nath Tilhari, Kiranmayee Mandava
Tadepalli Venkata Ramesh, S/o T. Dharma Rao, Kendriya – Appellant
Versus
Immidisetty Anitha, D/o. Sri I. Subba Rao – Respondent
| Table of Content |
|---|
| 1. marriage dissolution under cross petitions. (Para 2 , 3 , 10) |
| 2. waiving mandatory cooling-off periods. (Para 8 , 11 , 17) |
| 3. converting petitions under different sections. (Para 18 , 19 , 31) |
JUDGMENT :
Ravi Nath Tilhari, J.
Heard Sri V. Raghu, learned counsel for the appellant and Sri B. Venkatesh Nayak, learned counsel for the respondent.
2. The appellant is the husband of the respondent who filed O.P.No.444 of 2000 in the Family Court-cum-IV Additional District & Sessions Court at Vijayawada seeking to dissolve the marriage under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (for short, the Act, 1955). The marriage was solemnized on 29.08.1996 as per the caste custom and usage of both the parties. They were blessed with a female child. As per the appellant’s pleadings, the wife went to her parents’ house along with child in the year 1997 and since then she did not join the appellant except on one occasion on 31.08.1998. He pleaded mental agony, cruelty and that the wife did not join the company of the husband.
3. The respondent filed the counter denying the averments of the petition except the relationship between both parties. She pleaded the appellant’s inti
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.
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.
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....
(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....
The main legal point established in the judgment is the court's discretion to waive the statutory period for divorce by mutual consent when the marriage has irretrievably broken down and there is no ....
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.
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