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
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
2018. Along with the said
petition, they filed an application under Section 13B(2) of
the Hindu Marriage Act, 1955 read with Section ... dissolution of their marriage by a decree to be passed
under Section 13B of the Act. The IV Additional Principal
Judge, Family Court, Bengaluru
case is made out
8
to waive the statutory period under Section
13B(2) , it can do so after considering the
following :
i) the statutory ... period of six months
specified in Section 13B(2) , in
addition to the statutory period of one
year under Section 13B(1) of
separation
record, the liberty in that regard to file
:4:
petition under Section 13B of the Hindu Marriage Act is
to be reserved to the parties ... dissolved and in that light if
the petition under Section 13B of the Hindu Marriage Act
is filed, the time spent in this litigation
JUDICIAL MAGISTRATE FIRST CLASS, HUNGUND,
ALLOWING THE PETITION FILED U/SEC. 13B OF THE HINDU
MARRIAGE ACT-1955.
THIS MISCELLANEOUS FIRST APPEAL COMING ... appellant that the
order is violative of sub-section (2) of Section 13B of the
Act is devoid of merit. The appeal is accordingly dismissed
respondent had also filed a divorce petition under
Section 13B of the Hindu Marriage Act, 1955 ('the Act' for short).
However, the said
section (1), the provisions
of section 12B shall apply, so far as may be, as if
permission of the Central Government has been
refused.]
Section ... case
may be, fails to seek permission under sub-
section (1), the provisions of section 13B shall
apply
section (1), the provisions
of section 12B shall apply, so far as may be, as if
permission of the Central Government has been
refused.]
Section ... case
may be, fails to seek permission under sub-
section (1), the provisions of section 13B shall
apply
section (1), the provisions
of section 12B shall apply, so far as may be, as if
permission of the Central Government has been
refused.]
Section ... case
may be, fails to seek permission under sub-
section (1), the provisions of section 13B shall
apply
