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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
M.Jayaraman – Appellant
Versus
NIL – Respondent
| Table of Content |
|---|
| 1. expedited hearing for mutual consent divorce. (Para 1 , 7) |
| 2. discretion to waive mandatory cooling period. (Para 2 , 3 , 6) |
| 3. court's considerations based on factual circumstances. (Para 4 , 5) |
ORDER
This Revision Petition has been filed by the Petitioners in HMOP No.213 of 2025 on the file of the Sub Court, Poonamallee. The petitioners have presented the petition under Section 13 B of the Hindu Marriage Act, 1955 seeking mutual consent dissolution of their marriage, solemnized on 17.05.2021. The Sub Court has refused to condone the cooling period of six months and has adjourned the OP to 16.10.2025 and aggrieved by the same, the present revision has been filed.
2. I have heard Ms.J.Madhumitha, learned counsel for the petitioners. The learned counsel for the petitioners would state that the spouses themselves have agreed to dissolve the marriage and have accordingly filed HMOP under Section 13B seeking a mutual consent divorce. She would rely on the decision of the Hon’ble Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur , reported in 2017 (5) CTC 665 (SC) where, the Hon’ble Supreme Court, discussed elaborately and decided the issue regarding waiver
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