Divorce U/s 13B

Querist : Anonymous (Querist) 03 November 2009 This query is : Resolved
Dear Sir,

Thanks for your reply.We submitted the citation given by Mr Manohar and our lawyer also argued on the same.But the judge was not convinced and said that as per the latest SC judgment no lower court has the right to waive of statuatory period.However the judge( in My case)reserved the judgment next week.

I do not understand the SC judgement.When we have mutually agreed to terminate our marriage and the court not waiving of statuatory period,both the parties have to undergo a lot of mental presuure inspite of them not able to reconciliiate and they cannot decide on their future life also.

My point is can't anyone challenge the judgement??

Also i want to know if statautory period is granted do i have to pay maintanence to my wife???

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Adv. Biju Gopal (Expert) 03 November 2009
It is the discretionary power of the Court to wave the statutory period. The court can do so if there is sufficient reason.

Regarding maintenance, you can make any arrangements with your wife.

Adv. Biju Gopal
www.familylawyers.in

Raj Kumar Makkad (Expert) 03 November 2009
so far maintenance is concerned, it is payable even after the passing of decree of divorce till remarriage of your wife or death whichever is earlier but not under section. Court should have given due reliance towards the citation vide which period of 6 months can be condoned. Better you file an appeal denying the order of waiving of statutory period.

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