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SAUMITRA DAYAL SINGH, ARUN KUMAR SINGH DESHWAL
Priti Yadav @ Pinki – Appellant
Versus
Ashwani Gwal – Respondent
| Table of Content |
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| 1. the court recognizes the consensus of the parties to dissolve their marriage after a prolonged separation. (Para 5 , 6 , 9 , 14) |
| 2. the court emphasizes the need for a pragmatic application of procedural rules in family law. (Para 10 , 11) |
| 3. the discretion to waive the cooling-off period is affirmed as part of judicial interpretation of statutory provisions. (Para 13) |
JUDGMENT
In re: Civil Misc. Delay Condonation Application No. 01 of 2023
Present appeal has been presented with a delay of 11 days. The same has been duly explained.
2. Cause shown is sufficient.
3. Delay is condone. Delay condonation application is allowed.
Order on Appeal
4. Heard Sri Prakash Dwivedi, learned counsel for the appellant and Sri Sheo Mani Yadav, learned counsel for the respondent.
5. The present appeal has been filed under section 19 of the FAMILY COURTS ACT , 1984, arising from order dated 31.5.2023 passed by the Principal Judge, Family Court, Allahabad in Case No. 1074 of 2023 (Ashwani Gwal v. Priti). By that order the learned court below has entertained the joint petition filed by the parties under section 13-B HINDU MARRIAGE ACT , 1955 (hereinafter referred to as "Act, 1955"). Howev
The cooling-off period in divorce proceedings under Section 13-B of the Hindu Marriage Act is discretionary and not mandatory.
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 established that a waiver of the cooling-off period under the Hindu Marriage Act can be granted when reconciliation is deemed impossible and parties have settled their differences.
The court can waive the statutory waiting period for divorce under Section 13B(2) if the parties mutually agree and conditions for waiver are satisfied.
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 may waive the cooling-off period in mutual consent divorce cases where reconciliation efforts have failed and all terms are agreed upon.
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