Is 6 months waiting period mandatory !

According to act 6 months waiting period is compulsary, but various high courts took diffrent stands, now in a recent case supreme court clear that , the power of reduction is vested upon the supreme court only.

Dear Arup,

Thank you for your inputs. The recent case which you are quoting here is that of Anil Kumar Jain Vs. Maya Jain, 2009(4) RCR (Civil) 310 which I quoted in que. mail here.

In this case according to my interpretation the consent was withdrawn early and then SC saw the irretriviable breakdown between couple and used discritionary power of Art. 142 to disolve their irretriviable marriage and further defined S. 13 B on the go.

But, is it correct to say reading quoted citation that SC has said categorically as binding to all Courts sub ordinate to her that 6 months is mandatory? NO is my interpretation.

However I am waiting to read on senior members fine concluding ratio interpretation as well as if any HC post 1-9-2009 granted Mutual Divorce post this mothe rof all citation of SC? If yes then a couple whose simialr case is pending in Delhi could be saved the apathy at Trial Court waiting as one of them is in urgent need to go overseas immediately.

Regards

Suppose the first marriage had been decreed with a divorce and the husband expired after one wek of the decree of divorce, should the wife seek for waiver of the Supreme Court for second marrige? 

Secondly, as per Dr. Arun Kumar's intersting  Question, the prohibiion is in clear negative terms that is absolute prohibition laid down by the Parliament that is :  " but no sooner, it shall be lawful for the respective parties to the marriage to marry again....: The interesting question now is, Is it competent for the Supreme Court to waive an act which the parliament has made it unlawful? I am of the view that with due respect to the Observation of the Hon'ble Supreme Court, my answer will be No, as there is no provisions in the act empowering the Supreme Court to waive the unlawful act by the Parliament. This is indeed a very interesting query and I am looking forward for the members to join the debate.

Ha ha a very bold observation indeed

Sh. Assumi ji,

I read in lots of citations that "this is my observation though my """fellow brother""""' may not be in confirmity etc etc.....kar key

The Justice Altamas Kabir's Bench above reference Vs. Justice Katju's Bench earlier decission on irretriviable breakdown of marriage power of SC to grant irrt. breakdown of marriage is contradictory to THEIR own laid down high principles (sanctity of marriage) that is why I as a joint petitioner in instance que. asked suit is struck hence this que. I raised which needs careful ratio analysis by all members.

Kindly particiapte....



 

 

As per my view Mr.Assumi is right.

Moreover as per my openion also, supreme court cannot bound other court for any act for which the supreme court itself is doing. other wise the whole country will reach in supreme court to get the justice.

I think it is also violation of equal justice, no doubt supreme court is above and all but it does not mean that he can do anything and bond other courts and act arbitrarily and as per thier own wish. So i m sure this judgment will be overrulled within few days and power to waive the time will be granted to all the high courts. Rest let us see about my guess.

THIS IS INVASION OF private family life by courts. why they want red tape to invade family life?

 

There are Ld. Advocates from all over India here. Kindly announce if any sub-ordinate District Court or a HC of a State or even various State HC has granted Mutual Consent Divorce Decree waiving 6 months waiting period post 01-09-2009 ?
I need case no. + parties name please.
Regards,
D. Arun Kumar, New Delhi, 0981162 4141

Before going by the law as it exists or by the various judgements either upholding the mandatory waiting period or otherwise, I have a basic and fundamental question, which is ...

 

Why is there a mandatory 6 months waiting period?

wow...good scholl days question Sir u hv asked.....
the bottom line answer is Hindu Marriage is sacroscent which Highest Judiciary still thinks whereas the common man's apathy is totally different alabit as perceived thinking of persons sitting behind high glass windows...
All above are my personal opinion without being judgmental or prejudice to any and all readers..........

Elementary Dr.Arun, elementary !!!

There you are dr. arun kumar, when divorces are being granted on "irretrievable breakdown of marriage,"  and is becoming the norm, my fundamental, elementary query has definitely some significance. :-)

Comments Doctor and also  from learned counsels and seniors please !!!

 

Virtually there are serious repercussions of the above judgment.

1. Hitherto even family courts were granting divorce on the ground of irretrievable break down of marriage.after this judgment even high courts can not do that.Now NO court can do that except SC.

2.Six months gestation period in divorce by mutual consent between 1st and 2nd motion was being shortened by trial courts Now NO court can do that except SC.

In fact, even SC does not have the power to ride over a legislation.

So where a common man's fundamental rights stands now ?

Regards,

Dear Mr. Dream,
 
Your norm statement is not a norm as per Mr. Justice Katju vis a vis Mr. Justice Altamas Kabir abv quoted citation.

See Im not sure if you are aware of two diverse path breaking jusgment rolled by SC on marriage dissolution one was from Hon'ble Justice Katju's bench few months back wherein he said SC does not have power to dissolve marriage on irretrivable breakdown of marriage grounds and ridiculed the parties and says go to legislative wing of parliament and get the Legislature amended the Law and then come to me (means to SC) we will grant you irretriviable grounds based divorce decree and just after this in next few months time Hon'ble Justice Altamas says well let me fine tune mutual consent divorce section first and now I feel your case is fit for divorce so I use Article 142 and give you that BUT then he leaves a caveat for all courts to follow (means made it binding) which is to say you are not allowed to use it. So he says indirectly all you stupid couples wanting mutual consent divorce flood SC with your petitions and I will see how my fellow brother Hon'ble Justice Katju change his previous opinion on irretriviable breakdown of marriage disoolution by a decree.

End result a common sees is that there is not only un consistency in two diverse matrimonal roaster bench of Hon'ble SC but end result is a common couple wanting to part amicably after all their settlement deed is left out ont he mercy of just two Hon'ble Justice personal views which is against the Article and majesty of Constitution of India.

All above are my independent respectful common man's opinion and not prejudicing any person named or otherwise and I am liable for my spoken / published remarks as Im agreeved by these two directives of Hon'ble SC and so may be so many other couples who do not want to wait for 6 months to seek divorce by mutual consent by its decree.

Thus this discussion which needs further thoughts by legal experts here.

Regards
 

Dr. Arun althoug i am a junior but has a lot to say on the topic. I have read that judgement in details. SC has held that it has power to do away with the six month period under article 142. This six month period was not the question befor the supreme court, as clear from the facts, but after discussing the various case laws, then commenting upon the present law for divorce, court has held that no other court has power to do away with the six month period. After reading this judgement i was thinking this decision shouldn't be taken as ratio decendi. But then i read two decision of Punjab and haryana high court in the month of december. Those decision followed the decision of supreme court and rejected the petition filed for doing away with the six month period.