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SAMEER JAIN, SANDEEP MEHTA
Ajeesh Anand – Appellant
Versus
Nil – Respondent
JUDGMENT
JAIN, J. - .The present appeal arises out of order dated 17.8.2021 passed by learned Judge, Family Court No.1, Jodhpur (presently Presiding office of learned Family Court No. 2, Jodhpur) (under additional charge of learned Family Court No. 1 & 3) in Civil Original Case No. 389 of 2021 whereby the application filed by the parties seeking exemption of 6 months time period as provided under Section 13B of the Hindu Marriage Act, 1955 (for short ?the HMA Act?) was rejected.
2. On 02.8.2021, the appellants filed an application under Section 13B of the HMA Act stating that their marriage was solemnized on 11.11.2006 as per Hindu rites and customs at Udaipur and daughter namely Anvesha was born out of their wedlock, who resides with her mother. Ever since the marriage, on one count or the other, there was estrangement amongst them and due to ideological differences, the relationship reached to the point of no return. As a consequence, the appellant and respondent started living separately The present appeal arises out of order dated 17.8.2021 passed by learned Judge, Family Court No.l, Jodhpur (presently Presiding office of learned Family Court No. 2, Jodhpur) (under additional cha
The court established that the six-month waiting period under Section 13B of the Hindu Marriage Act is directory, permitting waiver when reconciliation is not feasible.
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....
(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....
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....
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 one-year separation requirement under Hindu Marriage Act can be waived at the discretion of courts, allowing petitions for divorce by mutual consent before completion of the period, provided exce....
The waiting period under Section 13-B(2) of the Hindu Marriage Act is directory, allowing courts to grant immediate divorce when the marriage is irretrievably broken.
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