cooling off period of six months stipulated
under sub-Section (2) of Section 13B may be waived.
7. Learned counsel for the respective parties also ... case and that six
months waiting period mentioned in sub-section(2) of
Section 13B is not a mandatory requirement but a
directory one which
therefore, they have filed an application under sub-
-: 3 :-
section (2) of Section 13B of the Act seeking waiver of the
condition stipulated under ... section (2) of Section 13B
of the Act having regard to the judgment of the Hon'ble
Supreme Court in the case of Amardeep
settled and the parties are intending to file an
application under Section 13B of the Hindu Marriage Act,
1955 (for short, 'Act') seeking ... dissolution of marriage on
mutual consent. Accordingly, application under Section
13B of the Act is filed.
3. This Court has perused the contents of
application
JUDGMENT
This appeal is listed to consider the petition filed
under Section 13B(1) of the Hindu Marriage Act, 1955
(hereinafter referred ... between them.
Therefore, the statutory period referred to in sub-section
(2) of Section 13B of the Act may be waived by allowing
the application
wife
being aggrieved by the dismissal of their petition filed
under Section 13B of the Hindu Marriage Act, 1955
(hereinafter referred ... under
Section 13(1)(ia) of the Act. During the pendency of the
petition, they both jointly filed a petition under Section
13B
waiving the period of six months
stipulated under sub-section (2) of Section 13B of
the Act, in respect of which, a separate application ... section. Learned
counsel for the respective parties submit that the
said period of six months as contemplated under
6
sub-section (2) of Section 13B
dissolve their
marriage by mutual consent.
2. That a Petition under Section 13B(1) of the
Hindu Marriage Act, 1955 (hereinafter referred ... sake of brevity) has been filed and further an
application under Section 13B(2) of the Act has also been
3
filed seeking waiver
submit that the parties have filed an application under
sub-Section(2) of Section 13B of the Act seeking waiver of
six months period stipulated ... waiver of the
time stipulation under sub-Section(2) of Section 13B of the
Act.
6. In the circumstances, we have taken the petition
filed
came to be filed under Section 13B of the Hindu
Marriage Act, 1955 [for short, the Act] stating that on
account of incompatibility ... petition to
seek grant of a decree of divorce under Section 13B of the
Act, since both of them were happily living together and
blessed
divorce declaring the marriage to be dissolved under Sub-section (2) of Section 13B of the Hindu Marriage Act, 1955 ('Act' for short ... Section 13-B the intendment of the Legislature is clear that six months as well as eighteen months time fixed by Section 13B
