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PUSHPENDRA SINGH BHATI
Vinita Tak – Appellant
Versus
None – Respondent
ORDER :
(Pushpendra Singh Bhati, J.)
This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs :-
2. It may kindly be ordered to be allowed the application of the petitioners under Section 13-B of the HINDU MARRIAGE ACT as prayed and ordered to issued the divorce decree.
3. Any other writ order or direction, which is favourable to the petitioners, may kindly be passed, as an alternative relief.
Any other order favourable to the petitioner may also be passed."
2. Learned counsel for the petitioners jointly submits that the marriage of the petitioners was solemnized with Hindu rites and ritual on 19.04.2022 and are living separately from last more than one year. Learned counsel further submits that the conciliation efforts have been made by both the parties with the help of family members and elders of the society. Learned counsel also submits that the both the petitioners arrived at a joint settlement to part ways as the marriage has irr
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 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 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 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 statutory cooling-off period under Section 13-B of the Hindu Marriage Act is non-optional and important for reconsideration, which cannot be waived based solely on inconvenience.
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