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PUSHPENDRA SINGH BHATI
Ram Kumar – Appellant
Versus
None – Respondent
| Table of Content |
|---|
| 1. petitioners claim for waiver of cooling off period. (Para 1 , 2) |
| 2. citations supporting waiver of cooling period. (Para 3 , 4) |
| 3. conditions for waiver of statutory period fulfilled. (Para 5 , 6 , 7) |
| 4. waiver of cooling period granted by court. (Para 8) |
| 5. court’s directive for trial court to proceed. (Para 9 , 10) |
ORDER :
(Pushpendra Singh Bhati, J.)
This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs :-
B. By an appropriate writ, order or direction, the impugned order dated 17.08.2023 (p/4) so far as fixing the date upon application to waive the cooling off period of 6 months, on 30.10.2023 to that extent may kindly be quashed and set aside.
C. By an appropriate writ, order or direction, the application filed by the petitioners dated 17.08.2023 (P/3) may kindly be allowed."
2. Learned counsel for the petitioners submit
The court confirmed that the six-month cooling-off period for divorce under Section 13-B(2) of the Hindu Marriage Act, 1955 is not mandatory and can be waived when irretrievable breakdown of marriage....
The court can waive the statutory waiting period for divorce under specific conditions set forth by prior rulings, indicating grounds for immediate relief.
The court can waive the statutory waiting period for divorce under Section 13B(2) if the parties mutually agree and conditions for waiver are satisfied.
Court may pass decree of divorce on mutual consent where marriage has reached stage of irretrievable break down without resorting to statutory cooling period.
The waiting period for divorce by mutual consent under Section 13-B(2) of the Hindu Marriage Act, 1955, is not mandatory but directory, and the court can exercise its discretion based on the parties'....
The court has the discretion to waive the waiting period for divorce by mutual consent under Section 13-B(2) of the Hindu Marriage Act, 1955 based on the facts and circumstances of each case.
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