Whether high court and lower court can waive period of six month for seeking divorce by mutual consent?
The division bench of this court in the decision reported in
AIR 2009 Bombay 12 has referred to rationale and reasons underlying
the provisions of section 13-B of the Hindu Marriage Act, 1955
and the Supreme Court in the decision reported in (2009)10 Supreme
Court Cases 415, has ruled that the Supreme Court can in exercise
of extraordinary powers under Article 142 of the Constitution of
India convert a proceeding under section 13 of Hindu Marriage
Act, 1955 into one under section 13-B of Hindu Marriage Act,
1955 and pass decree of divorce by mutual consent without
waiting for the statutory period of six months. The Supreme
Court has also observed that neither civil courts nor even high
courts can pass orders before the period prescribed under
relevant provisions of the Act or on the grounds not provided for
under sections 13 and 13-B of the Hindu Marriage Act, 1955.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4528 OF 2015
1. Swati W/o Ramakant Patil,
2. Ramakant S/o Ratan Patil,
CORAM : SUNIL P. DESHMUKH, J.
DATED : 7th MAY, 2015
Citation: 2016 (5) ALLMR390