Divorce -- Mutual Consent -- Waiver of One-Year Period -- Exceptional hardship justifies waiver under Section 29 Special Marriage Act
Special Marriage Act, 1954, S.29 -- Divorce -- Mutual Consent -- Waiver of One-Year Period -- The statutory waiting period of one year under S.29 can be waived in cases of exceptional hardship where parties are also ad idem for dissolution of marriage -- S.29 vests discretionary power in courts to allow presentation of a divorce petition before one year in rare and compelling circumstances -- S.29 is pari materia with S.14 of the Hindu Marriage Act, 1955 -- Where insisting on the statutory period would only prolong hardship and serve no purpose, the period may be waived in exercise of judicial discretion.
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