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PUSHPENDRA SINGH BHATI
Rohit Ralhan – Appellant
Versus
Madhuri Bhatia – Respondent
| Table of Content |
|---|
| 1. aggrieved parties seek divorce by consent. (Para 1 , 3 , 4) |
| 2. parties argue for waiver of statutory period. (Para 2 , 5 , 7 , 8) |
| 3. supreme court's guiding principles for waiver. (Para 9 , 10) |
| 4. conditions for waiver fulfilled in this case. (Para 11 , 12) |
| 5. writ petition allowed; order set aside. (Para 13 , 14 , 15) |
ORDER :
(Pushpendra Singh Bhati, J.)
This writ petition has been preferred on behalf of the petitioner being aggrieved with the order dated 06.05.2023 passed by the Family Court No.1, Jodhpur (for short 'the Court below') in Suit No.298/2023, 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.
2. Mrs. Harveer Sidhu, learned counsel for the respondent, submitted that the respondent is also aggrieved with the order impugned and this writ petition has been filed with the consent of the respondent. Learned counsel submitted that he she no objection if the relief prayed for in this writ petition is granted.
3. Brief facts of the case are that the marriage of the parties
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 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 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 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 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.
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 has the discretion to waive the six months waiting period for divorce by mutual consent if certain conditions are fulfilled.
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