Back
PUSHPENDRA SINGH BHATI
Usha Bhati – Appellant
Versus
Pravesh Gehlot – Respondent
| Table of Content |
|---|
| 1. background of marriage and application for divorce. (Para 1 , 3 , 4) |
| 2. parties' joint application for waiver of statutory period. (Para 2 , 7 , 8) |
| 3. court's reasoning on fulfilling conditions for waiver. (Para 9 , 11) |
| 4. conditions under which the statutory waiting period is waived. (Para 10 , 12) |
| 5. conclusion and order granting waiver of statutory period. (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 10.05.2023 passed by the Family Court No.1, Jodhpur (for short 'the Court below') in Civil Case No.282/2023, 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. 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 will have no objection if the relief prayed for in this writ petition is granted.
3. Brief f
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 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 the fulfillment of specific conditions as outlined by the Hon’ble Supreme Co....
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 specific conditions and the facts and circumstances of each case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
