Back
BHARAT P. DESHPANDE
Vishwas Kawthankar – Appellant
Versus
Sunita Vishwas Kawthankar – Respondent
JUDGMENT :
(Bharat P. Deshpande, J.)
1. Rule
2. Rule is made returnable forthwith.
3. Heard finally with the consent.
4. In the present petition, very sensitive issue and that too with regard to grant of mutual consent divorce is raised. Petitioner and the respondent got married in the year 2016. However within a period of one year, differences arose, matter landed before the Magistrate by filing Domestic Violence cases against the husband by the wife. Subsequently, and by interference of the Court, parties were referred to mediation. Learned Mediator submitted report as successful by drawing terms between the parties. Such consent terms were placed before the learned Magistrate at Mapusa in a Domestic Violence case. Consent terms were duly signed by both the parties along with their Advocates.
5. Petitioner as well as respondent agreed that they will separate by filing mutual divorce. Petitioner agreed to pay Rs.9,00,000/- as on the date when the mutual divorce is granted. Similarly, wife agreed that she will withdraw all the complaints filed against her husband only on the date when the mutual divorce is granted.
6. Accordingly, the petitioner and the respondent filed matrimonial petit
The court can waive the mandatory waiting period for mutual consent divorce if reconciliation efforts have failed and circumstances warrant such a decision.
The main legal point established in the judgment is that the cooling off period under Section 13B(2) of the Hindu Marriage Act, 1955 is not mandatory but directory. The court emphasized the obligatio....
The one-year separation requirement under Hindu Marriage Act can be waived at the discretion of courts, allowing petitions for divorce by mutual consent before completion of the period, provided exce....
The court has the discretion to waive the cooling-off period for divorce by mutual consent based on the circumstances of each case and the bonafideness of the parties' consent.
The central legal point established in the judgment is the fulfillment of the Supreme Court conditions for waiving the statutory period under Section 13B(2) in the context of divorce by mutual consen....
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 court established that the statutory period under Section 13-B(2) of the Hindu Marriage Act, 1955, for a motion for passing a decree of divorce on the basis of mutual consent is mandatory but dir....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
