procedure
for dissolving the marriage is set out in sub-
section (2) of Section 13B which mandates the
Court on being satisfied that a marriage ... Family Courts Act , Order
III Rule 1 of CPC , Section 13B(1) of the Act, the Andhra
Pradesh High Court permitted the representative
4749/2019, a joint petition has been filed under
Section 13B of the Hindu Marriage Act, 1955 (hereinafter
referred ... divorce by mutual consent.
Hence, a petition is filed under Section 13B of the Act.
14
4. Enumerating the terms of settlement, learned
counsel
settlement of
their disputes. That they have filed a petition under
Section 13B(1) of the Act seeking dissolution of their
marriage by mutual consent ... cohabitation together. In the
circumstances, they have filed the petition under Section
13B(1) of the Act. They have also sought for waiver
respondent
since the petition arises out of a petition filed under
Section 13B of the Hindu Marriage Act, 1955 (for
short ... 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
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
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
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
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 of the six months period as
stipulated under sub-section (2) of Section 13B of
the Act. Considering the nature of the case
between ... replace their petition filed under Section
13(1)(ia) with that of a compromise petition filed
under Section 13B of the Act in order
mutual consent. Therefore, they have filed a
joint petition under Section 13B(2) of the Act incorporating
certain terms and conditions and have sought substitution ... sought for waiver of the period of six months stipulated
under Section 13B(2) of the Act by filing an application in
that regard