NIKHIL S. KARIEL
JATIN DILIPBHAI JANI – Appellant
Versus
VEERAL JATIN JANI – Respondent
ORDER :
1. Learned Advocate Ms. Megha Jani appearing with learned Advocate Mr. Arjun Joshi would submit that they have instruction to appear for the respondent and would request that the Registry may be directed to accept their vakalatnama. Permission is granted. Registry to accept their vakalatnama for the respondent.
2. Heard learned Advocate Mr. Aaditya Bhatt for the petitioner and learned Advocate Ms. Megha Jani appearing with learned Advocate Mr. Arjun Joshi for the respondent.
3. While the present petition has been preferred inter-alia challenging an order dated 11.11.2022 passed in Civil Misc. Application No. 10/2022 by the learned Principal Judge, Family Court, Ahmedabad and whereas it appears that during the pendency of the present petition, the parties to the litigation i.e. the petitioner, being the husband and the respondent, being the wife, have arrived at an amicable settlement and whereas consent terms are presented to this Court.
4. Both the learned Advocates for the respective parties would submit that the parties are present in this Court and whereas this Court may pass appropriate order in terms of the consent terms submitted by the parties.
5. It is required to be me
(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 cooling period for divorce under Section 13-B(2) of the Hindu Marriage Act is not mandatory and can be waived if there is no possibility of reconciliation between the spouses.
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....
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 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.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.