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PL. Murugapan, Rep. by his father & Power of Attorney Palaniappan – Appellant
Versus
NIL – Respondent
JUDGMENT :
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Family Court, Madurai, to number the unnumbered Divorce Original Petition in SR.No.695 of 2022 filed by the petitioners on 27.06.2022 itself and to waive off the statutory cooling period of six months prescribed under Section 13B(2) of the Hindu Marriage Act, 1955 and to dispose of the Divorce Petition within a stipulated time.)
1. This civil revision petition is filed as against the docket entries made in the unnumbered Divorce Original Petition in SR.No.695 of 2022.
2. The petitioners are husband and wife. Their marriage was solemnized on 29.08.2018 as per Hindu Nagarathar customs. After the marriage, their relationship got strained and they decided to separate mutually. They are living separately for more than a year and have also filed an application for divorce before the Family Court, Madurai, based on the deed of compromise arrived between the parties on 08.06.2022. This application was presented by both the petitioners on 13.06.2022 under Section 13B(2) of the Hindu Marriage Act, 1955, along with an emergent application. The said application was returned by the learne
The main legal point established in the judgment is the authority of a power of attorney holder to act on behalf of a party in court proceedings and the discretion of the court to waive the cooling p....
High Court directed numbering of waiver application under S.13B(2) HMA due to irretrievable breakdown and no reunion possibility.
The statutory waiting period for divorce by mutual consent under the Hindu Marriage Act can be waived if there is no possibility of reconciliation and prolonged waiting would only cause additional di....
The court can exercise discretion to waive the cooling period for divorce by mutual consent under Sec.13(B) in exceptional situations, as outlined by the judgment of the Hon’ble Supreme Court.
The cooling period for divorce under Section 13-B(2) of the Hindu Marriage Act is not mandatory and can be waived if there is no possibility of reconciliation between the spouses.
The court ruled that technical objections should not obstruct mutual consent divorce proceedings, allowing representation via power of attorney and video conferencing, emphasizing the need for judici....
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