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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
G.S.Ahluwalia
Sushant Kumar Sahu – Appellant
Versus
Mohini Sahu – Respondent
ORDER :
G.S. Ahluwalia, J.
This Miscellaneous Petition under Article 227 of Constitution of India has been filed seeking following relief(s):-
ii. Any other relief which this Hon’ble Court may deems fit and proper, including the cost of the litigation.
2. It is submitted by counsel for petitioner that petitioner and respondent got married to each other. They are residing separately from the year 2017. They moved an application under Section 13-B of HINDU MARRIAGE ACT for dissolution of their marriage dated 30/01/2015. An application under Section 13-B of HINDU MARRIAGE ACT was filed on 01/07/2024 and their statements were recorded on 02/07/2024. The Trial Court has fixed the case for 10/01/2025 for recording of their second statements. It is submitted by counsel for petitioner that Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur reported in (2017) 8 SCC
The statutory cooling-off period under Section 13-B of the Hindu Marriage Act is non-optional and important for reconsideration, which cannot be waived based solely on inconvenience.
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....
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