Misuse of 498a and waiving of 6 month for mutual consent
Raj Aryan Malhotra
(Querist) 23 February 2012
This query is : Resolved
Dear Sirs,
I would just to get clarified to my frnd on below points,
.It is possible to get anticip.. Bail for me and my family under IPC 498A
.Can we waive the period of 6 month for granting decree of divorce under mutual consent for marriage happened under Special Marriage act..like how they have Section 13B(2) of the Hindu Marriage Act..?? Do we have something like for Special Marriage Act.. WHen either party marriage is fixed with other or other party not able to come for long tiem due to foriegn assignment...
Pls SUggest..
adv. rajeev ( rajoo )
(Expert) 23 February 2012
Yes AB can be get.
Yes it can be waived with the permission of the court.
Shonee Kapoor
(Expert) 23 February 2012
1. Yes, you can get AB
2. 6 months statutory period can now be waived only by SC. Atleast in Delhi/ Haryana it is not being waived off now.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 23 February 2012
Yes!you can hopefully apply for anticipatory bail.The waiver of 6 months statutory period
rest in hands of supreme court as practice is going on.
Adv.R.P.Chugh
(Expert) 23 February 2012
Agree with the above- only SC can waive it off in exercise of its power u/a 142 of the Constitution to do complete justice in exceptional cases - where marriage is irretrivably broken down and the 6 months period would be futile.
Kiran Kumar
(Expert) 23 February 2012
I dont agree with the opinion expressed above regarding waiver of 6 months period under S.13 B of HMA
the said point whether SC can exercise its powers under Art. 142 has been referred to a larger bench by a bench headed by Justice D.K Jain...prior to this the view was it can only be condoned by SC and not by HC and District Court.
you will find enough judgments where in case of divorce by way of mutual consent, the POA has been allowed to appear for the party and suffer the necessary statements.
Anticipatory Bail is not a matter of right, all depends upon the facts and circumstances of the case.
Raj Aryan Malhotra
(Querist) 23 February 2012
sirs,
thanks anyways...but i did not get clear answer...
i got married under special marriage act not HMA...
i just want to know clearly if Anticip bail for 498a can be possible ort not
Secondly my case in family court chennai.... not supreme court....can 6 month perios can be waived or not possible in this court...
Shonee Kapoor
(Expert) 23 February 2012
I would like to correct Ld. Kiran Kumar,
Cal HC (DB) deciding the said matter has stated that there is no stay on the said order and hence till the decision of larger bench is out the practise that six months cooling off period is mandatory has to be adhered to.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Aryan Malhotra
(Querist) 26 February 2012
Dear All,
Thanks for all, but i could subsequently see that their is no reply on my question.... which means expert are not aware of "Marriage Laws (Amendment) Bill, 2010-Irretrievable breakdown of marriage: Ground for divorce."
Under this their is waiving of six month is given and immediate divorce is granted..
This is for your info incase if anyone ask..
All the best experts...
