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ARUN KUMAR JHA
Shilpi Rani, Daughter of Akhileshwar Prasad – Appellant
Versus
Mithilesh Kumar Singh, Son of Ram Pravesh Singh – Respondent
JUDGMENT :
Arun Kumar Jha, J.
The matter has been taken up on mentioning being made on behalf of the petitioner.
2. Heard learned counsel for the petitioner and I intend to dispose of the petition at the admission stage itself.
3. The instant petition has been filed under Article 227 of the Constitution of India against the order dated 27.06.2024 passed by learned Principal Judge, Family Court, Aurangabad in Matrimonial Case No. 179 of 2024, whereby and whereunder the learned Family Court admitted the case and recorded the first motion and directed for statement of parties on second motion fixing 24.12.2024 as next date.
4. Learned counsel for the petitioner submits that the learned Family Court has passed the order in violation of the directions of the Hon’ble Supreme Court in the case of Amardeep Singh Vs. Harneet Kaur reported in (2017) 8 SCC 746 passed in Civil Appeal No. 11158 of 2017 dated September 12, 2017. Learned counsel further submits that the Hon’ble Supreme Court in the case of Amardeep Singh (supra) has held that while the court dealing with a matter is satisfied that a case is made to waive out the statutory period under Section 13B(2), it can do so and certain guideline
The waiver of the statutory waiting period under Section 13B(2) of the Hindu Marriage Act requires a proper application and cannot be granted automatically.
The irretrievable breakdown of marriage and the parties' amicable decision to part ways can warrant the waiver of the statutory period for mutual consent divorce.
In cases of irretrievable breakdown of marriage and amicable consent to part ways, the parties should be allowed to waive the statutory waiting period for the second motion in a mutual consent divorc....
The six-month waiting period under Section 13B(2) of the Hindu Marriage Act is directory, allowing courts discretion to waive it based on case-specific circumstances.
The court can waive the statutory waiting period for divorce under specific conditions set forth by prior rulings, indicating grounds for immediate relief.
The waiting period under Section 13B(2) of the Hindu Marriage Act is not mandatory but directory, and the court has the discretion to waive it based on the facts and circumstances of each case.
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