LISA GILL, RITU TAGORE
Anamika Anand – Appellant
Versus
Rohit Kapoor – Respondent
JUDGMENT
Lisa Gill, J. (Oral)
This appeal has been filed by the appellant-wife challenging judgment dated 07.05.2021 passed by the learned Additional District Judge, Chandigarh whereby petition under section 12 of HINDU MARRIAGE ACT , 1955 filed by the appellant-wife was rejected wherein respondent-husband was proceeded ex parte.
2. During pendency of this appeal, the matter has been amicably resolved between the parties and they have decided to part ways. Terms and conditions of the settlement were set in writing on 13.01.2023. As per the settlement agreement, the appellant wife does not claim any maintenance, permanent alimony or any other financial benefit from the respondent-husband and that parties would be bound to withdraw any proceedings initiated by them against each other. It is agreed that no claim of any nature shall be raised by any of the parties qua each other. Copy of the settlement-agreement is taken on record as Annexure A-1.
3. Application seeking conversion to a petition under Section 13-B of the HINDU MARRIAGE ACT , 1955 was allowed on 13.01.2023. Statements of both the appellant and respondent at first motion had been recorded on 13.01.2023.
4. Learned counsel
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 specific conditions and the facts and circumstances of each case.
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