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Home Family Law

HMA S.  13B(2) – Statutory period – Waiver of  – Irreconcilable differences

by PLRonline
July 1, 2022
in Family Law
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[SC] Hindu Marriage Act, 1955, S.  13B(2) – Statutory period – Waiver of  – Irreconcilable differences  – Parties are both well-educated and highly placed government officers –  They have been married for about 15 months – The marriage was a non ‐ starter –  Admittedly, the parties lived together only for three days, after which they have separated on account of irreconcilable differences –  The parties have lived apart for the entire period of their marriage except three days – It is jointly stated by the parties that efforts at reconciliation have failed. The parties are unwilling to live together as husband and wife – Even after over 14 months of separation, the parties still want to go ahead with the divorce – No useful purpose would be served by making the parties wait, except to prolong their agony – Decree of  divorce  by  mutual  consent  passed under  section 13B  of  the  Hindu  Marriage  Act,  1955,  waiving  the statutory waiting period of six months under Section 13(B) (2) of the said Act.

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2022 SCeJ 754, 2022 PLRonline 6507

Tags: HMA - Statutory Period WaiverHMA S. 13(2)
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