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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Neeraj Tiwari,J.
Ajit Singh Yadav – Appellant
Versus
Neelam Yadav – Respondent
Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for petitioner.
2. Present petition has been filed seeking following reliefs:-
“i. Set aside the impugned order dated 11.09.2024 passed by the Principal Judge, Family Court, Ghazipur in Hindu Marriage Petition No. 551 of 2024, (Ajit Singh Yadav vs. Smt. Neelam Yadav) under Section 13-B of Hindu Marriage Act, by which the court below has rejected the application dated 10.09.2024.”
3. Brief facts of the case are that marriage of petitioner and respondent was solemnized on 11.12.2020. After some time, some differences took place between the parties and they have decided to live separately from 20.12.2021. All attempts made for reconciliation have been failed between the parties. As there was no scope for reconciliation between the parties, therefore, they have filed divorce petition with specific averment that they are living separately since 20.12.2021. The said petitioner was registered as Hindu Marriage Petition No. 551 of 2024, under section 13(B) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘Act, 1955’) before Principal Judge, Family Court, Ghazipur. Thereafter, order dated 30.07.2024 has been passed directing the parti
The statutory cooling-off period under Section 13-B(2) of the Hindu Marriage Act, 1955 is directory and can be waived when reconciliation is 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.
Court may pass decree of divorce on mutual consent where marriage has reached stage of irretrievable break down without resorting to statutory cooling period.
The court can waive the statutory waiting period for divorce under specific conditions set forth by prior rulings, indicating grounds for immediate relief.
The court confirmed that the six-month cooling-off period for divorce under Section 13-B(2) of the Hindu Marriage Act, 1955 is not mandatory and can be waived when irretrievable breakdown of marriage....
Waiver of cooling-off period in divorce granted when reconciliation efforts fail and mutual consent is established.
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