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R. N. MANJULA
K. Mohanarangan – Appellant
Versus
NIL – Respondent
JUDGMENT
(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order and decretal order dated 19.04.2022 in I.A.No. No. Nil of 2022 in FCOP No.NIl of 2022 now numbered as FCOP.No.64/2022 on the file of the Family Court, Tiruvannamalai.)
1. This Civil Revision Petition has been preferred challenging the order of the learned Judge, Family Court, Thiruvannamalai, dated 19.04.2022 made in unnumbered I.A. in FCOP.No.64/2002.
2. The revision petitioners are the couples who have presented this petition for divorce by mutual consent under Sec.13(B). After presenting the petition for mutual consent this Interlocutory Application has also been filed to waive the mandatory cooling period of 6 months under Sec.13(B)(2)(i) and the said petition was dismissed. Aggrieved over that this Revision Petition has been preferred.
3. Heard the submission made by the learned counsel for the revision petitioners and perused the materials available on record.
4.The learned counsel for the revision petitioners submitted that the couples were married on 23.05.2002 as per the Hindu Rites and Customs; the couples got a male child by name Tharun Bharathi, who was b
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 court has the discretion to waive the cooling-off period for divorce by mutual consent based on the circumstances of each case and the bonafideness of the parties' consent.
The main legal point established in the judgment is that the cooling off period under Section 13B(2) of the Hindu Marriage Act, 1955 is not mandatory but directory. The court emphasized the obligatio....
The cooling off period as prescribed under Section 13-B(2) of the Hindu Marriage Act, 1955 is not mandatory but directory, and should be waived when there is no possibility of parties resuming cohabi....
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 emphasized that the conditions for waiving the statutory waiting period of six months for divorce under Section 13B(2) of the Hindu Marriage Act are not mandatory, and the court can exercis....
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