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VIVEK CHAUDHARY, BRIJ RAJ SINGH
Angad Soni – Appellant
Versus
Arpita Yadav – Respondent
ORDER
Heard.
2. Reasons indicated in the affidavit filed in support of the delay condonation application are sufficient.
3. Application is accordingly allowed and the delay of 17 days in filing the appeal is condoned. The appeal is treated to have been filed in time.
Order on Memo of Appeal
4. This appeal has been filed seeking setting aside the order dated 27.03.2025 passed by the learned Principal Judge, Family Court, Ambedkar Nagar in Misc. Application No.24 of 2025, whereby the application filed by the appellant under Section 14 of the Hindu Marriage Act, 1955 (for short “the Act, 1955”) read with section 151 of Code of Civil Procedure has been rejected.
5. Brief facts of the case, as narrated in the appeal, are that marriage of the appellant with respondent was solemnized on 05.08.2024 as per Hindu Rites and Rituals and a written notarial marriage deed was executed on 12.08.2024 between the appellant and the respondent. On 03.09.2024, both the parties again solemnized their marriage second time as per Hindu Rites and Rituals. Since hostility developed between the appellant and respondent, therefore, appellant preferred an application through IGRS Portal on 10.09.2024 to the Su
Divorce by mutual consent – Relaxation of minimum statutory period is permissible in cases of exceptional hardship to appellant or of exceptional depravity on part of respondent.
The main legal point established in the judgment is the interpretation of 'exceptional hardship' under Section 14(1) of the Hindu Marriage Act, allowing for the waiver of the one-year period for fili....
The mandatory one-year separation under Section 13B of the Hindu Marriage Act cannot be waived, ensuring compliance with statutory obligations in mutual divorce cases.
Exceptional circumstances can warrant the waiver of the mandatory one-year period before filing a petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, as provided in S....
Advocates appeared :For the Appellant : Deepak Panjwani For the Respondent : Abhay Gupta
(1) Divorce by mutual consent – If marriage has broken down irretrievably, statutory waiting period of six months ca be waived.(2) A Judgment is a precedent for the issue of law that is raised and de....
The court affirmed that the statutory waiting period for divorce can be waived if the conditions set by the Supreme Court are satisfied, emphasizing judicial discretion.
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....
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