Section 13-b
Dr.Gaurang N. Gandhi
(Querist) 15 November 2012
This query is : Resolved
A And B are spouse married under hindu marriage act.
After 4 years of marriage they separated by social divorce i.e. registered divorce deed. registered before Notary and registrar.
They filed petition u/s 13-b to get court decree. court had rejected application to waive the cooling period of 6 month filed along with the petition. Should we file revision ?
Is there any citation ?
please guide....
R.K Nanda
(Expert) 15 November 2012
no need for revision.
Raj Kumar Makkad
(Expert) 16 November 2012
Cooling period cannot be condoned by any Court except Supreme Court of India so better to wait for 6 months period instead of further litigation on the subject.
Dr.Gaurang N. Gandhi
(Querist) 17 November 2012
thanks for reply
but both the parties re-married with other persons and we have also submitted both marriage certificate.....
both parties have started new marriage life with other life partner.....
this also stated in the divorce petition..
is it not valid ground to waive the cooling period???
Nadeem Qureshi
(Expert) 17 November 2012
Dear Querist
recently the Sc passed an order in this reagrd and the Lower court can waived off that period.
Feel free to call
