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Home Family Law

HMA S. 13(2) –  The waiting period gives the spouses time to forgive and forget

by PLRonline
July 1, 2022
in Family Law
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[SC] Hindu Marriage Act, 1955, S.  13B(2) , 14   –  Object of Section 13B(2) read with Section 14 is to save the institution of marriage, by preventing hasty dissolution of marriage – Legislature has, in its wisdom, enacted section 13B (2) of the Hindu Marriage Act to provide for a cooling period of six months from the date of filing of the divorce petition under Section 13B (1), in case the parties should change their mind and resolve their differences – It is often said that “time is the best healer” –  With passage of time, tempers cool down and anger dissipates –  The waiting period gives the spouses time to forgive and forget – If the spouses have children, they may, after some time, think of the consequences of divorce on their children, and reconsider their decision to separate –  Even otherwise, the cooling period gives the couple time to ponder and reflect and take a considered decision as to whether they should really put an end to the marriage for all time to come.

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2022 SCeJ 754, 2022 PLRonline 6507

Tags: HMA - Statutory Period WaiverHMA S. 13(2)HMA S. 14
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2022 SCeJ 754, 2022 PLRonline 6507

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