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GAURI GODSE
Sneha Akshay Garg – Appellant
Versus
Nil – Respondent
JUDGMENT :
GAURI GODSE, J.
1. Heard. Rule. Rule made returnable forthwith. By consent of the parties, taken up for final disposal.
2. This petition takes exception to the order passed by the Family Court, Pune, on 4th June 2024, rejecting the petitioners’ application for waiver of the cooling off period provided under section 13–B of the Hindu Marriage Act, 1955 (‘the said Act’). The petitioners got married on 18th July 2021 as per Hindu rituals in Pune. It is the petitioners’ case that there were differences between them after a period of one year, and hence, they started residing separately on 10th October 2022. Though reconciliation attempts were made by their well-wishers, friends and families, they failed, and ultimately, they decided to seek a divorce by mutual consent. In terms of the amicable settlement between the parties, petitioner no. 2 agreed to pay an amount of Rs.10 lakhs towards permanent alimony. Accordingly, petitioners filed a petition for dissolution of their marriage by mutual consent in the Family Court at Pune on 13th March 2024 and the same was registered on 20th March 2024. Since the parties had already been residing separately since 10th October 2022, the
The court established that a waiver of the cooling-off period under the Hindu Marriage Act can be granted when reconciliation is deemed impossible and parties have settled their differences.
The statutory waiting period for divorce by mutual consent under the Hindu Marriage Act can be waived if there is no possibility of reconciliation and prolonged waiting would only cause additional di....
The cooling off period as prescribed under Section 13-B(2) of the Hindu Marriage Act, 1955 is not mandatory but directory, and should be waived when there is no possibility of parties resuming cohabi....
The court emphasized that the conditions for waiving the statutory waiting period of six months for divorce under Section 13B(2) of the Hindu Marriage Act are not mandatory, and the court can exercis....
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....
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