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SUKHVINDER KAUR
Arjun Sharma – Appellant
Versus
Shristi Vashishtha – Respondent
JUDGMENT
Sukhvinder Kaur, J.
The instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 09.04.2024 (Annexure P-7) passed by the Additional District Judge, Chandigarh, whereby the application filed by the petitioners for waiver of the statutory period of six months for recording of statements in second motion was declined.
2. The relevant facts for adjudication of the present lis are that marriage of petitioner No.1 with petitioner No.2 was solemnized on 22.02.2023 as per Hindu Rites and Ceremonies. No child was born out of such wedlock. The parties lived together as husband and wife only for 6 days. The parents and other respectables tried to resolve the dispute between the parties, but the parties could not resolve their differences. So they agreed to dissolve their marriage with mutual consent and filed petition under Section 13-B of the Hindu Marriage Act within one year of their marriage, which was allowed to be filed vide order dated 18.01.2024 by allowing their application filed under Section 14 of the Hindu Marriage Act. The statements of the parties in the first motion were recorded before the Additional Distr
The statutory waiting period under Section 13-B of the Hindu Marriage Act is directory, allowing courts to waive it based on circumstances, particularly when there is no chance of reconciliation.
The statutory waiting period under Section 13-B of the Hindu Marriage Act can be waived if irretrievable breakdown of marriage is established.
In cases of irretrievable breakdown of marriage and amicable consent to part ways, the parties should be allowed to waive the statutory waiting period for the second motion in a mutual consent divorc....
The irretrievable breakdown of marriage and the parties' amicable decision to part ways can warrant the waiver of the statutory period for mutual consent divorce.
The court can waive the statutory waiting period for divorce under specific conditions set forth by prior rulings, indicating grounds for immediate relief.
There is no requirement to compel the petitioner to bring a family member at the time of recording the second motion in a divorce case. The court has discretion to waive the statutory cooling off per....
The central legal point established in the judgment is the court's discretion to waive the statutory period for mutual consent divorce based on the irretrievable breakdown of the marriage and the par....
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