Lawstreet Journal

Bombay High Court Waives Statutory Period in Case of Divorce by Mutual Consent

Lawstreet Journal 19 Nov 2020 7:28pm

Image courtesy: Lawstreet Journal Judiciary Bombay High Court Waives Statutory Period in Case of Divorce by Mutual Consent

The Bombay High Court approved a joint plea for waiver of the statutory period before the divorce by mutual consent and gave the order while considering the circumstances of the present case, where the woman was pregnant with another man’s child. In 2014, the divorcing parties registered their marriage and initiated divorce proceedings in the Family Court earlier in the year 2020 under Section 13 B of the Hindu Marriage Act, 1955. But however, the Family Court denied waiving off the statutory period of six months which is provided under Section 13 B (2) of the Hindu Marriage Act. The period of six months is given to the couple before granting them divorce to rethink and contemplate over their decisions because the Court can only grant the divorce when there is no chance of a reconciliation of the marriage.

In this present case, both the parties were living separately since December 2018. And as both the parties are unable to live together, with mutual consent they decided to dissolve the marriage. The petitioner’s counsel stated the urgency of the matter as the petitioner was pregnant with another man’s child and she intended to marry and settle as soon as possible due to which it was important that the statutory period be waived. The respondent also agreed to the petitioner’s submissions and supported the waiver of the statutory period. He further submitted that as the parties are already residing separately and already attended the councilor, the waiver of… Continue Reading...

Tagged: Divorce   Mutual Consent Divorce  
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