R. Basant, J.

1. Can the waiting period after filing the joint petition for divorce under S.13B of the Hindu Marriage Act, S.10A of the Indian Divorce Act and S.28 of the Special Marriage Act be waived by the Court suo motu or on the application of both parties?

2. This question arose for consideration in various petitions and we posted all such cases together for hearing. Sri. G. Shrikumar, Advocate, has rendered assistance as amicus curiae for the Court. We have had the advantage of hearing Advocates M/s. S. Subash Chand. Sandhya Raju, M.R. Rajesh, R. Sunilkumar, Shoby K. Francis and others on the question.

3. We have answered that question in Mat. Appeal No.633/08 today*. The finding on that question is extracted below:

“We may, in these circumstances summarise the law and state that not only conditions A, B, C and D below; but condition E below also are mandatory requirements that must all Co-exist before the Court’s power under S.13B of the Hindu Marriage Act, S.10A of the Divorce Act and S.28 of the Special Marriage Act to pass the decree for dissolution on the basis of a joint application for divorce on mutual consent is invoked:

A. Solemnisation of marriage.

B. Th