Divorce by Mutual Consent under Sec 13B

Querist : Anonymous (Querist) 24 October 2009 This query is : Resolved
Sir,

We have filed an application u/s 13B for divorce and subsequently wehave also submited a application for waiver of statuatory period also.It seems there is a new SC order which makes mandatory to undergo the 6 months statuatory period.If so before 6 months can we again move an application for waiver of the statuatory period Kindly suggest

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A.P.Manoranjan (Expert) 24 October 2009
The section permits dissolution of marriage by mutual consent,provided the spouses had lived separately for one year after marriage.A petition filed u/s 13-B is to be kept in abeyance for a minimum period of Six months.This provision u/s 13-B(2)is only directory.K.Om Prakash Vs. K.Nalini 1985(3) APLJ 284(DB).
Where there is no useful purpose served by keeping the petition filed u/s 13-B,pending for Six months as required u/s 13-B(2),the statutory period of six months was waived by dissolving the marriage between the parties by mutual consent.Anil Kumar Vs. Suman,I(1997)DMC(P&H)626.

Sachin Bhatia (Expert) 24 October 2009
Yes you can move an application for waiver of the statuatory period.

adv. rajeev ( rajoo ) (Expert) 24 October 2009
file an application and produce the citation given by A.P.Manoranjan before the court.

Adv Archana Deshmukh (Expert) 24 October 2009
The period of 6m is only directory and not mandatory. The court can waive it. There are case laws to that effect. You can move an application for waiver of the statuatory period.

PJANARDHANA REDDY (Expert) 24 October 2009
MUTUAL CONSENT ALSO ,THE MAGISTRATES OF FAMILY COURT TRY FOR THE BOND, HENCE THE 13BG(2) REQUIRED 6 MONTHS, I HOPE THIS IS NOT MUCH LONG IN INDIAN LAW

Raj Kumar Makkad (Expert) 24 October 2009
The citation suggested by Manoranjan is sifficient to establish that there is no need to wait for 6 months and it can be waived. I have got decided various cases taking benefit of such citation.

Kiran Kumar (Expert) 24 October 2009
yes there is some recent SC judgment which says the 6 months period shall not be waived by the trial court or by HC.

even I am looking for that judgment...dear friends pls look for this judgment, its 2009 judgment.

n.k.sarin (Expert) 24 October 2009
agree with Kiran kumar

Anish goyal (Expert) 24 October 2009
Any member can cite that 2009 judgement here?

H. S. Thukral (Expert) 30 October 2009
Aparna Mehta Kapur and Another
v
State of Uttar Pradesh and Another (Feb 2009)

RADHA PYARI SRIPADA (Expert) 04 November 2009
The latest citation of the Supreme Court is as follows:
[ 2009 AIR SCW 5899 (From : Madhya Pradesh) ]
Anil Kumar Jain vs Maya Jain
Civil Appeal No. 5592 of 2009 - Decided On 01/09/2009.
pl. look into and revert back on the aspect of waiver of statutory period in the light of this judgment.

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