abc (a) 19 September 2010

Section 13 B - 6 months waiting period

I have had my Divorce motion 1 around a week ago. It is by mutual consent. Now is it mandatory to wait for another 6 months to get Divorce (motion 2 - 13 B)? I have heard that sometimes district courts do waive off this period.

Is there any trick or any jugad or a good lawyer, by which I could get a waiver on this 6 months period.

Thanks in advance

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 19 September 2010

Earlier there were judgments of some HCs that the 6m period can be waived by the court. So, in many cases the courts used to waive off the period. But now the SC have ruled that the 6m period cannot be waived. So, the present position is that the second motion canl be made after 6m only.

abc (a) 19 September 2010

Thanks for the reply Madam Archana.

Is there someone who has different opinion ? Can someone handle my case and get me this waiting period off?

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B.N.Rajamohamed (advocate / commissioner of oaths) 01 October 2010

The recent judgement of the supreme court of india palpably deters the family courts from waiving the 6 months waiting period under section 13B Hindu Marriage ACT, 1955. The supreme couret alone has such a power under Article 142 Of the constitution of india. Therefore, you have to wait for 6 months.

Sachin Devendra Maroli (Advocate) 30 June 2011

Originally posted by :B.N.Rajamohamed
"	The recent judgement of the supreme court of india palpably deters the family courts from waiving the 6 months waiting period under section 13B Hindu Marriage ACT, 1955. The supreme couret alone has such a power under Article 142 Of the constitution of india. Therefore, you have to wait for 6 months.	"