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(Guest)

Whether high court and lower court can waive period of six m

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,

v
Nil 

 CORAM : SUNIL P. DESHMUKH, J.
 DATED : 7th MAY, 2015
Citation: 2016 (5) ALLMR390

https://www.lawweb.in/2016/11/whether-high-court-and-lower-court-can.html



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 5 Replies

Kumar Doab (FIN)     08 November 2016

Thanks for posting


(Guest)
Good posting thank u lot

vict498a   19 November 2016

went through the article but could not understand the conclusion .

Has only supreme court has the power to waive off cooling period of 6 months in MCD ? i have applied for MCD in family court and judge gave date after 6 months . My lawyer is saying HC and lower court cannot waive off 6 months period . So , should i approach SC to speed up my divorce process ? We are living seperately from 5 years .

Can anyone pls respond.

Thanks.

Kumar Doab (FIN)     19 November 2016

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.

b.goheel   20 November 2016

this order may clear misbelief among many including me. thnx.


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