SUBODH ABHYANKAR
Yashika Shah – Appellant
Versus
Registrar – Respondent
ORDER
Heard.
2. This petition has been filed by the petitioners under Article 226 of the Constitution of India, seeking the following reliefs:-
“In view of the facts & grounds mentioned- above in Para 5 Para 6 respectively, the petitioners’ pray that this petition be allowed in the nature of mandamus or any direction may kindly be issued and following relief may be granted to the petitioner as under :
i) That, this Hon’ble Court is requested to quash the order/office note dated 13.11.2024 passed by respondent. -
ii) That, the other relief which is just and proper in the facts and circumstances of the case may also be, granted doing justice including cost.”
3. The grievance of the petitioners is that both of them have tried to file an application under Section 13-B of the Hindu Marriage Act, 1955, however the same has been refused to be accepted by the Naib Nazir of the Family Court, endorsing that they have not yet completed one year of marriage. Thus, counsel for the petitioners has submitted that the application filed by the petitioners was not even allowed to be placed before the concerned Judge of the Family Court for its proper disposal in accordance with law, which has
Naib Nazir – The maintainability of an application cannot be decided by the Naib Nazir for whatever be the reasons, thus apparently, the Naib Nazir clearly exceeded his jurisdiction to refuse to acce....
The statutory waiting period under Section 13B(2) of the Hindu Marriage Act is directory, allowing courts to waive it when reconciliation is impossible and conditions are met.
The statutory waiting period under Section 13-B(2) of the Hindu Marriage Act, 1955 is directory, allowing courts to waive it when reconciliation is unlikely and parties are educated.
The period mentioned in Section 13-B(2) of the Hindu Marriage Act, 1955 is not mandatory but directory, and the court has the discretion to waive the waiting period based on the facts and circumstanc....
The substance of legal applications prevails over their form; incorrect nomenclature does not bar consideration if jurisdiction is proper.
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