From the above, it is clear that sub-section (1) of Section
13B of the Act contemplates the circumstances under which
estranged spouses ... mutual
consent. The procedure is contemplated in sub-section (2) of
7
Section 13B of the Act. The Family Court having registered the
case with
settlement.
4. The appellant and the respondent have filed
application under Section 13B(2) of the Hindu Marriage
Act, 1955 (hereinafter referred ... period of six months. They have also
filed an application under Section 13B of the Act, seeking
prayer for Dissolution of Marriage dated 26.08.2007
solemnised
decided to dissolve their
marriage dated 29.11.2019 by filing petition under Section 13B
of the 1955 Act. Accordingly, to-day petition under Section
13B ... filed and an application under Section
13B(2) of the 1955 Act is also filed to waive the statutory
cooling period of 6 months
divorce on mutual consent. Accordingly,
the parties have filed application under Section 13B ... well as application under Section 13B(1) of 1955 Act seeking
waiver of six months.
4. Both the applications are taken on record
have arrived at settlement and accordingly they
have filed petition under Section 13B of 1955 Act today
before the Court. Along with the petition, application ... under
Section 13B(2) of 1955 Act is also filed seeking waiving of
six months cooling period for grant of divorce under Section
13B
settlement and further they have stated that the petition
under section 13B of the Act, 1955 read with Order 23 Rule 3
of the Code ... ORDER 23
RULE 1 OF CODE OF CIVIL PROCEDURE R/W
SEC. 13B OF THE HINDU MARRIAGE ACT.
The appellant and respondent jointly
SENIOR CIVIL JUDGE AND JMFC, HOSANAGARA,
ALLOWING THE PETITION FILED UNDER SECTION 13B OF THE
HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR ORDERS THIS ... judgment and decree of divorce granted
purportedly by mutual consent under Section 13B of the Hindu
Marriage Act, 1955 (hereinafter referred
divorce on mutual consent. Accordingly, they filed a petition
under Section 13B of the Hindu Marriage Act, 1955 (for short ... residing in the USA. Accordingly, both the
petitioners agreed to apply Section 13B (2) of the Act, seeking
for waiving off cooling period for mutual
conjugal rights, the parties have
filed memorandum of petition under Section 13B(1) of the
Act seeking for divorce by mutual consent and the same ... resolve the dispute between the parties and the
petition filed under Section 13B(1) of the Act be treated as
petition filed under Section
appellant and the
respondent.
3. The compromise petition filed under Section 13B of
the Hindu Marriage Act, 1955 stating that the
appellant/respondent being petitioner ... filed an application for waiving of cooling period as
stipulated under Section 13B (2) of the Hindu Marriage
Act, 1955. The same is taken
