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DINESH MEHTA
Monika Sharma – Appellant
Versus
Rahul Sharma – Respondent
ORDER
1. This writ petition has been preferred on behalf of the petitioner being aggrieved with the order dated 08.09.2021 passed by the Family Court No.1, Udaipur (for short 'the court below') in Hindu Marriage Case No.391/2021, whereby the joint application filed by the petitioner and the respondent (hereinafter "parties") for waiver of six months period prescribed under Section 13-B(2) of the Hindu Marriage Act, 1955 (for short 'the Act of 1955) has been dismissed.
2. Learned counsel for the respondent Mr. Praveen Bhati has submitted that the respondent is also aggrieved with the order impugned and this writ petition has been filed with the consent of the respondent. Mr. Bhati has submitted that he has no objection if the relief prayed for in this writ petition is granted.
3. Brief facts of the case are that the marriage of the parties was solemnized as per Hindu customs on 03.12.2011 in Dhariyawad, District Pratapgarh. It appears that soon after the marriage, the relations of the parties became strained and both of them have been residing separately since 2019.
3. Despite the best efforts of the parties to restore conjugal relations and in spite of regular counselling by their near
The court has the discretion to waive the statutory period under Section 13-B(2) of the Hindu Marriage Act, 1955 based on the fulfillment of the conditions set out by the Hon’ble Supreme Court in Ama....
The court has the discretion to waive the statutory period under Section 13-B(2) of the Hindu Marriage Act, 1955, based on the fulfillment of specific conditions as outlined by the Hon’ble Supreme Co....
The period mentioned in Section 13-B(2) of the Hindu Marriage Act, 1955 is not mandatory but directory, and the court has the discretion to waive the waiting period based on the facts and circumstanc....
The court has the discretion to waive the six months waiting period for divorce by mutual consent if certain conditions are fulfilled.
The court has the discretion to waive the statutory period under Section 13-B(2) of the Hindu Marriage Act, 1955, based on specific conditions and the facts and circumstances of each case.
The court affirmed that the statutory waiting period for divorce can be waived if the conditions set by the Supreme Court are satisfied, emphasizing judicial discretion.
The period mentioned in Section 13-B(2) of the Hindu Marriage Act, 1955 is not mandatory but directory. The court has the discretion to waive the waiting period if the conditions for waiver are satis....
The statutory waiting period under Section 13-B(2) of the Hindu Marriage Act, 1955 is directory, allowing courts to waive it when reconciliation is unlikely and parties are educated.
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