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
period for
making second move for divorce under Section 10A
of Divorce Act. As per Section 10A(2) , the second
motion cannot be made before ... efforts in terms of Order XXXIIA, Rule 3,
CPC / Section 23(2) of the Act/ Section 9 of the
Family Courts Act to re-unite
party to the joint
motion as provided by sub-section (2) of Section 13B and nothing in the
section would prevent the party ... taking such course. It is observed that
sub-section (2) of Section 13B requires the Court to hear the parties which
would mean both
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 ... motion giving reasons for the prayer for waiver.
20. If the above conditions are satisfied, the waiver of the
waiting period for the second motion
party to the joint
motion as provided by sub-section (2) of Section 13B and nothing in the
section would prevent the party ... taking such course. It is observed that
sub-section (2) of Section 13B requires the Court to hear the parties which
would mean both
Whether by undertaking before a Court to
file a second motion under Section 13B(2) of the Act,
1955 at Section 13B ... given by a party
before a court to file a Second motion under Section
13B(2) or at the Section 13B(1) stage
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
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
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
filed
through attorneys and also allowed the first motion under Section 13B(1)
after interacting with the parties through video conferencing on 'Skype ... directed the parties to be
present in person for the second motion under Section 13B(2) , so that the
Court could record satisfaction
