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1 - 10 of 15 (0.29 seconds)Amardeep Singh vs Harveen Kaur on 12 September, 2017
parties has broken beyond repair and there seems to be no
possibility of parties living together. The Hon'ble Apex Court in Civil
Appeal No.11158 of 2017 [arising out of Special Leave Petition
(Civil) No.20184 of 2017] titled as Amardeep Singh vs. Harveen
Kaur, decided on 12.09.2017, has held as under:- "13. Learned
amicus submitted that waiting period enshrined under Section
13(B)2 of the Act is directory and can be waived by the court where
proceedings are pending, in exceptional situations.
K. Omprakash vs K. Nalini on 15 July, 1985
This view is
supported by judgments of the Andhra Pradesh High Court in K.
Omprakash vs. K. Nalini 10, Karnataka High Court in Roopa Reddy
vs. Prabhakar Reddy11, Delhi High Court in Dhanjit Vadra vs. Smt.
Beena Vadra12 and Madhya Pradesh High Court in Dinesh Kumar
Shukla vs. Smt. Neeta
Smt. Roopa Reddy vs Prabhakar Reddy on 4 June, 1993
This view is
supported by judgments of the Andhra Pradesh High Court in K.
Omprakash vs. K. Nalini 10, Karnataka High Court in Roopa Reddy
vs. Prabhakar Reddy11, Delhi High Court in Dhanjit Vadra vs. Smt.
Beena Vadra12 and Madhya Pradesh High Court in Dinesh Kumar
Shukla vs. Smt. Neeta
Dhanjit Vadra vs Smt. Beena Vadra on 30 January, 1990
This view is
supported by judgments of the Andhra Pradesh High Court in K.
Omprakash vs. K. Nalini 10, Karnataka High Court in Roopa Reddy
vs. Prabhakar Reddy11, Delhi High Court in Dhanjit Vadra vs. Smt.
Beena Vadra12 and Madhya Pradesh High Court in Dinesh Kumar
Shukla vs. Smt. Neeta
Dinesh Kumar Gupta vs State Of Chhattisgarh 6 Wps/4027/2018 ... on 18 June, 2018
This view is
supported by judgments of the Andhra Pradesh High Court in K.
Omprakash vs. K. Nalini 10, Karnataka High Court in Roopa Reddy
vs. Prabhakar Reddy11, Delhi High Court in Dhanjit Vadra vs. Smt.
Beena Vadra12 and Madhya Pradesh High Court in Dinesh Kumar
Shukla vs. Smt. Neeta
M.Krishna Preetha vs Dr.Jayan Moorkkanatt on 22 February, 2010
13. Contrary view has been taken by Kerala High Court in M.
Krishna Preetha vs. Dr. Jayan 10 AIR 1986 AP 167 (DB) 11
AIR 1994 Kar 12 (DB) 12 AIR 1990 Del 146 13 AIR 2005 MP
106 (DB) Moorkkanatt14. It was submitted that Section
13B(1) relates to jurisdiction of the Court and the petition is
maintainable only if the parties are living separately for a
period of one year or more and if they have not been able to
live together and have agreed that the marriage be dissolved.
Section 13B(2) is procedural. He submitted that the discretion
to waive the period is a guided discretion by consideration of
interest of justice where there is no chance of reconciliation
and parties were already separated for a longer period or
contesting proceedings for a period longer than the period
mentioned in Section 13B(2). Thus, the Court should consider
the questions:
Kailash vs Nanhku & Ors on 6 April, 2005
17. In determining the question whether provision is
mandatory or directory, language alone is not always
decisive. The Court has to have the regard to the context, the
subject matter and the object of the provision. This principle,
as formulated in Justice G.P. Singh's "Principles of Statutory
Interpretation" (9th Edn., 2004), has been cited with approval
in Kailash versus Nanhku and ors.15as follows: