waive the statutory period of six months for
filing the second motion under Section 13B , as doing so will be
passing an order ... motion itself;
ii) all efforts for mediation/conciliation including efforts
in terms of Order XXXIIA Rule 3 CPC / Section 23(2) of
the Act/ Section
efforts in terms
of Order XXXIIA Rule 3 CPC / Section 23(2) of the Act/ Section 9 of
the Family Courts Act to reunite ... terms of Order 32A Rule 3 CPC / Section 23(2) of the
Act/ Section 9 of the Family Courts Act to reunite the parties
separately. On
21.8.1984, a joint petition for divorce was filed under
Section 13B of the Hindu Marriage Act. It was signed by both ... crucial words occurring in Section 13B(1) and
13B(2) of the Act. Under Section 13B(1) of the Act, a
petition
paragraph 10, the learned Judges dealt
with sub-section (2) of Section 13B . In
paragraphs 11 and 12, the learned Judges
recorded the divergent ... marital ties. Sub-Section (2) of Section
13-B is clear on this point. It provides
that "on the motion of both the parties
considering exactly the same question - play of sub-
section (2) of Sec.13B of the Hindu Marriage Act and Sec ... ground not provided for
in Sec.13 and Sec.13B of the Hindu Marriage Act is in this
context crucial and vital
treated as a motion under Sub-section (2) of Section 13B of the Act and a decree for divorce may be passed. Looking ... well as a motion under Sub-section (2) thereof because the motion under Sub-section (2) of Section 13B could have been made
dated Motion Motion and
132/2017- 16.09.2015 recorded allowed vide before
Smt. in First Motion order dated Second
Manveen petition. 16.09.2015 motion.
Kaur ... First motion proceedings. Later
on, when the wife refused to cooperate with the husband for moving the
Second motion petition under Section 13B
Since respondent No. I failed to join in the second motion as required under Section 13B(2) within 18 months of the presentation ... refusing to join in the second motion as required under Sub-section (2) of Section 13B he be directed to appear and make
motion itself;
ii) all efforts for mediation/conciliation including efforts in terms
of Order XXXIIA Rule 3 CPC / Section 23(2) of the Act/ Section ... second motion will be in the discretion of
the concerned Court.
21. Since we are of the view that the period mentioned in
.
Section 13B
terms of Order 32-A Rule 3 CPC / Section
23(2) of the Act/ Section 9 of the Family Courts Act to
reunite the parties ... Section 14 . The
proviso to Section 14 is applicable to petitions filed for divorce, equally
under Section 13 and under Section 13B
