PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
Vikram Singh Rathore – Appellant
Versus
Ambika Kanwar Shekhawat – Respondent
ORDER
This appeal under Section 19 of the Family Courts Act, 1984 has been preferred claiming the following reliefs:-
“(i) may kindly be set aside the order dated 19.04.2024 (Annex.3) passed by the learned Judge, Family Court No.1, Jodhpur Metropolitan;
(ii) direction may kindly be issued to the learned Judge, Family Court No.1, Jodhpur Metropolitan to waive the waiting period of six months;
(iii) direction may kindly be issued to the learned Judge, Family Court No.1, Jodhpur Metropolitan to pass the divorce decree to the parties at an early date;
(iv) any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the appellant.”
2. Learned counsel for the parties jointly submits that the marriage of the appellant and respondent was solemnized with Hindu rites and ritual on 30.04.2012. Learned counsel further submits that the appellant and respondent are living separately since the year 2021. Learned counsel also submits that both the parties arrived at a joint settlement to part ways as the marriage has irretrievably broken down.
3. Learned counsel for the parties s
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 Section 13B(2) if the parties mutually agree and conditions for waiver are satisfied.
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....
The court can waive the statutory waiting period for divorce under specific conditions set forth by prior rulings, indicating grounds for immediate relief.
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 held that all conditions for waiving the cooling period under Section 13-B of the Hindu Marriage Act were satisfied, allowing the waiver to prevent prolonging the parties' distress.
Waiver of cooling-off period in divorce granted when reconciliation efforts fail and mutual consent is established.
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