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DINESH MEHTA
Ankita Singhal – Appellant
Versus
Hemant Kumar Aseri – Respondent
ORDER
1. Mr. Hemant Kumar - respondent is present in person. The service is, therefore complete.
2. This writ petition has been preferred on behalf of the petitioner being aggrieved with the order dated 16.11.2021 passed by the Family Court No.1, Jodhpur (for short 'the court below') in Suit No.605/2021, 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.
3. Mr. Hemant Kumar Sharma, respondent - present in person, 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. Hemant Kumar submitted that he has no objection if the relief prayed for in this writ petition is granted.
4. Brief facts of the case are that the marriage of the parties was solemnized as per Hindu customs on 05.11.2012 in Jodhpur. It appears that soon after the marriage, the relations of the parties became strained and both of them have been residing separately since 2014.
5. Despite the best efforts of the parties to restore conjugal relat
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 court affirmed that the six-month waiting period for divorce by mutual consent can be waived under extraordinary circumstances, as per the discretion outlined in the Supreme Court's ruling.
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 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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