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Madhusudan G R (Advocate)     25 August 2022

Section 13b(2) of the hindu marriage act, 1955

The SC in Amardeep Singh Vs Harveen Kaur has said that the parties may file an application seeking waiver of cooling period of six months a week after their first motion seeking a divorce.

WHEREAS, Section 13B(2) of the HMA says "on the motion of both the parties made not earlier than six months after the date of presentation of the referred to and not later than 18 monthhs after the said date........... the court ater making such inquiry as it thinks fit ......that court  shall pass a decree of of divorce........

My query is when shall we file an application seeking waiver of cooling period of six months?  A week after filing the first first motion, saying cooling-off period will only prolong their mental agony.

Can any one pls clarify on this? 



Learning

 3 Replies

Advocate Divya Gattani (Practicing Advocate in Delhi)     26 August 2022

If the parties have been living separately for more than 1 year, then they can file an application seeking waiver of 6 months cooling off period after their first motion.
For the whole process, kindly contact us.

Divya Gattani
Advocate, Delhi
8920772671

Madhusudan G R (Advocate)     26 August 2022

Parties hv been living separately for more than 1-1/2 years. When once first motion is filed, the next date will be after six months only.

if next date is after six months only, the very of Section 13B(2) i.e., seeking waiver of six months is defeated.

Can u pls clarify this point?

Madhusudan
Advocate, Bengaluru.

Advocate Divya Gattani (Practicing Advocate in Delhi)     26 August 2022

If the parties have been living separately for more than the time period as stated by you, then when you file first motion and it is usually heard within a month and when it is allowed, after that as per the Act you have to file second motion petition which is not earlier than 6 months and not later 18 months. However, with the judgement been passed by the SC, now you can file application seeking waiver of this waiting period of 6 months.

In case of first motion been filed and date of hearing the same is after 6 months....then no need to file application for waiver of 6 months.....after the first motion is allowed, you can file for second motion.

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