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2008 Supreme(Bom) 775

SWATANTER KUMAR, V.M.KANADE
Principal Judge – Appellant
Versus
Nil – Respondent


Advocates appeared
None for the Petitioner.
Ms. JYOTI DHARMADHIKARL for the Respondent.

JUDGMENT

SWATANTER KUMAR, C.J.:- The Reference -- The Principal Judge. Family Court, Nagpur confronted with the divergent views expressed by the learned Single Judge of this court in writ petition No.431 of 2006 (Smt. Savitri w/o. Sudesh Subba and another Vs. The Principal Judge. Family Court, Nagpur) and (Sau, Sonali w/o. Manish Kumar Chandak and another Vs, Nil, in writ petition No.6086 of 2007. [2007(5) Mh,L,J. 615 : (2008(1) ALL MR227)], in exercise of the limited jurisdiction vested in the court under section 113 of the Civil Procedure Code, referred the matter for opinion and guidance of this court vide his order dated 13th September, 2007 on the following questions:

i) Whether the statutory waiting period of six months under section 13-B(2) of Hindu Marriage Act can be waived by the Trial Court or not may kindly be decided. ii) Necessary guidance or directions may kindly be issued as prayed.

2. Before discussing the merits of the arguments raised by the learned counsel for the parties, reference to basic facts would be necessary.

Facts giving rise to the reference

3. Tushar and Sou. Meenal were married at Nagpur on 9th May, 2006 according to Hindu rites.


















































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