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SAUMITRA DAYAL SINGH, VINOD DIWAKAR
Vijay Agarwal – Appellant
Versus
Suchita Bansal – Respondent
JUDGMENT :
1. Heard Sri Swapnil Kumar, learned counsel for the appellant and Sri Prem Chandra, learned counsel for the opposite party.
2. The present appeal has been filed against the order of the Principal Judge, Family Court, Agra in Joint Divorce Petition No. 1204 of 2023 (Smt. Suchita Bansal and Vijay Agarwal).
3. By that order, the learned Court below has refused to waive the condition of six months imposed under Section 13B(2) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act, 1955'). Thus, it has refused to entertain the second motion petition within six months from the date of filing of the first motion petition. The first motion petition was filed on 15.5.2023 whereas the second motion petition was filed on 17.5.2023. Relevant to the controversy, provision of Section 13B of the Act, 1955 read as below:
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district Court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, on the ground th
The six-month waiting period under Section 13B(2) of the Hindu Marriage Act is directory, allowing courts discretion to waive it based on case-specific circumstances.
The court has the discretion to waive the six months waiting period for divorce by mutual consent if certain conditions are fulfilled.
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.
The cooling-off period under Section 13-B(2) of the Hindu Marriage Act, 1955 is directory and can be waived by the court in cases where reconciliation is not possible.
The statutory waiting period under Section 13-B(2) of the Hindu Marriage Act is directory and can be waived by the court if reconciliation is not possible and the parties have been separated for a si....
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....
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