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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G. RADHA RANI
Gaddam Navya – Appellant
Versus
All Concerned – Respondent
ORDER :
1. This Civil Revision Petition is filed by the petitioners aggrieved by the order dated 18.07.2024 passed in I.A. No.873 of 2024 in HMOP No.89 of 2024 by the Principal Senior Civil Judge, Sanga Reddy.
2. Heard the learned counsel for the petitioners.
3. Learned counsel for the petitioners submitted that both the petitioners filed a petition under Section 13B of the Hindu Marriage Act, 1955 (for short ‘HM Act’) for dissolution of their marriage by mutual consent and filed I.A. No.873 of 2024 under Section 13B (2) of the HM Act to waive off the cooling period of six months. But, the said application was dismissed by the trial court observing that no urgency was made out, six months mandatory period as prescribed under Section 13B (2) of the HM Act was not yet completed and no cogent reasons were brought on record. Aggrieved by the same, the petitioners preferred this revision petition.
4. He further submitted that the marriage between the petitioner No.1 and petitioner No.2 was solemnized on 04.06.2021 as per Hindu rites and customs at Suryadevara Gardens, Mallampet road, near Bachupally, Sanga Reddy. It was an arranged marriage and the marriage was consummated. After the marri
The statutory waiting period for divorce by mutual consent under the Hindu Marriage Act can be waived if there is no possibility of reconciliation and prolonged waiting would only cause additional di....
The court established that a waiver of the cooling-off period under the Hindu Marriage Act can be granted when reconciliation is deemed impossible and parties have settled their differences.
The main legal point established in the judgment is that the cooling off period under Section 13B(2) of the Hindu Marriage Act, 1955 is not mandatory but directory. The court emphasized the obligatio....
(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 has the discretion to waive the cooling-off period for divorce by mutual consent based on the circumstances of each case and the bonafideness of the parties' consent.
The court can waive the statutory waiting period for divorce under specific conditions set forth by prior rulings, indicating grounds for immediate relief.
The cooling-off period under Section 13-B(2) of the Hindu Marriage Act, 1955 is directory and can be waived by the court in cases where reconciliation is not possible.
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