R. Basant, J.— Can the waiting period after filing the joint petition for divorce under Section 13B of the Hindu Marriage Act, Section 10A of the Indian Divorce Act and Section 28 of the Special Marriage Act be waived by the court suo motu or on the application of both parties?

2. This question arose for consideration in various petitions and we posted all such cases together for hearing. Sri. G.Shrikumar, Advocate, has rendered assistance as amicus curiae for the court. We have had the advantage of hearing Advocates M/s. S. Subash Chand, Sandhya Raju, M.R.Rajesh, R.Sunil Kumar, Shoby K. Francis and others on the question. We are answering that question in this case.

The finding on that question in this case will be followed in all other cases.

3. Section 13B of the Hindu Marriage Act, Section 10A of the Divorce Act and Section 28 of the Special Marriage Act are all identically worded except in so far as it relates to the stipulation of a larger period of separate residence under Section 10A of the Divorce Act. That distinction is of no consequence in so far as the question to be considered in this case raised above is concerned.

4. The concept of marriage being solemn, sa