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NUPUR BHATI
Harman Singh – Appellant
Versus
Manavdeep Kaur – Respondent
ORDER :
(Nupur Bhati, J.)
The present petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India with the following prayers:-
(i) Quash and set aside the the impugned order dated 07.03.2024 (Annex-3) passed by the learned Family Court No.2, Sriganganagar;
(ii) Waive the statutory period of six months specified under section 13B (2) of Hindu Marriage Act, 1955 ; and / or
(iii) Direct the learned Family Court No.2 in Civil Misc. Case No. 44/2024 to proceed with the matter immediately without waiting for the cooling period and pass the decree of divorce in accordance with law."
2. Brief facts of the case are that marriage of the petitioner and the respondent was solemnized on 17.01.2019 as per the Sikh Customs and rituals. After the marriage, the respondent went to her matrimonial house and resided with the petitioner and his family members.
3. On account of marital disharmony and dispute between the petitioner and the respondent, they mutually filed an application under section 13B of
The statutory waiting period under Section 13B(2) of the Hindu Marriage Act is directory, allowing courts to waive it when reconciliation is impossible and conditions are met.
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 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 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 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.
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