Divorce by Mutual Consent -- Conversion of Contested Petition at Appellate Stage -- Permissible
(i) Hindu Marriage Act, 1955, S.13-B -- Divorce by Mutual Consent -- Conversion of Contested Petition at Appellate Stage -- A divorce petition filed under S.13(1)(ia) of the Act can be permitted to be converted into a petition for divorce by mutual consent under S.13-B of the Act even at the appellate stage. (ii) Hindu Marriage Act, 1955, S.13-B(2) -- Divorce by Mutual Consent -- Waiver of Six Months Cooling Period -- The provision prescribing a cooling off period of six months under S.13-B(2) is directory in nature and not mandatory. In appropriate facts and circumstances, the statutory period of six months can be waived. (iii) Hindu Marriage Act, 1955, S.13-B(2) -- Divorce by Mutual Consent -- Parties Living Separately for Twenty-Seven Years -- Where the marriage has irretrievably broken down and the parties have been living separately for more than twenty-seven years, the cooling period of six months prescribed under S.13-B(2) deserves to be waived in the interests of justice.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
