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2010 Supreme(Ker) 136

R.BASANT, M.C.HARI RANI
M. Krishna Preetha – Appellant
Versus
Dr. Jayan Moorkkanatt – Respondent


Advocates Appeared:For the Petitioner:Shoby K. Francis, Advocate. For the Respondents:R1, G.Sreekumar (Chelur), Advocate.

Judgment :-

Basant,J.

Can the waiting period after filing the joint petition for divorce under Sec.13B of the Hindu Marriage Act, Sec.10A of the Indian Divorce Act and Sec.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. We are answering that question in this case. The finding on that question in this case will be followed in all other cases.

3. Sec.13B of the Hindu Marriage Act, Sec.10A of the Divorce Act and Sec.28 of the Special Marriage Act are all identically worded except in so far as it relates to the stipulation of a larger period of separate residence under Sec.10A of the Divorce Act. That distinction is of no consequence in so far as the question to be considered in this case, raised above, is concerned.

4. The concept of marriage being solemn, sacrosanct and indissolubl
























































































































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