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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Rajakumari (Wife) – Appellant
Versus
NIL – Respondent
ORDER :
P.B.BALAJI, J.
1. The petitioners are husband and wife, their marriage having been solemnized on 03.02.2025. The petitioners citing incompatibility and irreconcilable differences and also that the marriage has not been consummated and that they are living separately from 04.04.2025, have approached the Family Court, Chennai seeking dissolution of marriage by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 (in short 'Act').
2. The petitioners also moved an Application seeking waiver of the mandatory one year period under Section 14 of the Act. The said Application has been returned as not maintainable. The learned counsel appearing for the petitioner Mrs.Sumathi Lokesh, would submit that despite the Court bringing to notice of this Court that the Hon'ble Supreme Court has upheld the discretion of the Courts to waive the waiting period in Shilpa Sailesh vs Varun Sreenivasan, reported in 2023 (14) SCC 231; Amardeep Singh v. Harveen Kaur, reported in 2017 (8) SCC 746 and the order of this Court in Shivkarthik.G.S and M.S.Swetha Pierce's case, in CRP. No.4013 of 2025, dated 04.09.2025, the application for waiver has been mechanically rejected without even affordin
The court established that the statutory period under Section 13-B(2) of the Hindu Marriage Act, 1955, for a motion for passing a decree of divorce on the basis of mutual consent is mandatory but dir....
The one-year separation requirement under Hindu Marriage Act can be waived at the discretion of courts, allowing petitions for divorce by mutual consent before completion of the period, provided exce....
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.
The statutory waiting period under Section 13-B(2) of the Hindu Marriage Act is directory and can be waived by the court if reconciliation is not possible and the parties have been separated for a si....
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 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....
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