V.G.Rao Advocate (Advocate) 11 April 2010

can astatutary period of 6 months waived in 13-B petition?

Hi all,

A wife filed a divorce O.P against her husband for divorce on the ground of cruelty one year back, during the proceedings of the O.P reconciliation held by the judge failed, subsequently husband filed his counter, matter posted for trial. As matter stood thus both parties agreed to disslove thier marriage by way of mutual consent divorce.

Now my question is

Will court waive six months period for granting divorce on the presentation of 13-B petition by both the parties,

will they get divorce on the same day of presaentation of 13-B petition.

Provide me any case law in this regard. its urgent.

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7 Replies

Kiran Kumar (Lawyer) 11 April 2010

there is a judgment by Hon'ble SC in 2009 which specifically says the 6 months period can neither be condoned by the High court nor by the Trial court....the power vests with SC only.

the title of the judgment is Anil Kumar Jain v.s Maya Jain.

m pasting a link of P&H judgment where the aforesaid judgment has been referred.

https://indiankanoon.org/doc/779430/

adv. rajeev ( rajoo ) (practicing advocate) 11 April 2010

to waive the 6 months period a special application will have to be filed requestihg the court to waive the 6 months period, because there is no chance to live together.

adv. rajeev ( rajoo ) (practicing advocate) 11 April 2010

on the same day it is not possible to get the divorce, you will have to wait.

V.G.Rao Advocate (Advocate) 11 April 2010

Mr. Kiran Kumar garu,

as I already stated the O.P is filed one year back, there is no possibility of re union and marraige was irretrivably broken down, is that one year time not enough to court to accept and allow the 13-B petition on the same day of its presentation by taking above one year period in to consideration.