MRS. SIDDHI W/O MANAN SANGHAI AND ANOTHER Vs NIL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT
ROHIT B. DEO, J
MRS. SIDDHI W/O MANAN SANGHAI AND ANOTHER – Appellant
Versus
NIL – Respondent

Advocates:
For the Appellants/Petitioners: Mr. J. M. Gandhi
For the Respondents: Ms. T. H. Khan, Amicus Curiae

Table of Content
1. petitioners seek waiver of statutory periods for divorce. (Para 2 , 3 , 4)
2. family court rejected waiver application based on past rulings. (Para 5 , 6)
3. judicial discretion evaluated against couple's intent and circumstances. (Para 7 , 8 , 9)
4. court finds sufficient grounds to waive cooling period. (Para 10)
5. court disposes of petition in favor of waiver. (Para 11 , 12)

ORAL JUDGMENT:

1.Rule. Rule made returnable forthwith. Heard finally with consent of the learned counsel appearing for the parties.

2. Mr. ‘M’ and Mrs. ‘S’ who are legally wedded husband and wife are jointly assailing the order dated 07.03.2022 rendered by Family Court, Nagpur whereby the joint application under Section 13-B of the Hindu Marriage Act, 1955 (Act) seeking waiver of the cooling period of six months is rejected.

3. The petitioners married on 11.12.2020. The common submission is that the petitioners resided together for less than one month, during which period, the marriage was not consummated. In order to have a dignified parting and put a quietus to the irreconcilable differences, the petitioners agreed to dissolve their marriage. The petitioners further agreed on the terms of the

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BOMBAY HIGH COURTROHIT B. DEO, JMRS. SIDDHI W/O MANAN SANGHAI AND ANOTHER – AppellantVersusNIL – Respondent

Cases Referred (2)

BOMBAY HIGH COURT
ROHIT B. DEO, J
MRS. SIDDHI W/O MANAN SANGHAI AND ANOTHER – Appellant
Versus
NIL – Respondent