HC on Mutual Divorce: Family Court Cannot Reject Application to Waive Cooling-Off Period in Divorce Proceedings in Mechanical Manner, Says Allahabad High Court
In the Vijay Agarwal v. Smt. Suchita Bansal case, the court had stated that the cooling off period under the provision is not mandatory. "It is merely directory, and the discretion to waive the same rests with the Court," the bench said.
The Allahabad High Court recently held that a family court cannot reject the application to waive the cooling off period in a mechanical manner. The court observed that the family court should not reject an application filed for waving the statutory six-month cooling off period in divorce proceedings under Section 13B(2) of the Hindu Marriage Act, 1955. The Allahabad High Court bench of Justices Saumitra Dayal Singh and Arun Kumar Singh Deshwal placed their reliance on an earlier decision of the bench headed by Justice Singh in Vijay Agarwal v. Smt. Suchita Bansal. In the Vijay Agarwal v. Smt. Suchita Bansal case, the court had stated that the cooling off period under the provision is not mandatory. "It is merely directory, and the discretion to waive the same rests with the Court," the bench said. HC on Consensual Sex Between Unmarried Couple: Sexual Intercourse During Prolonged Relationship Cannot Be Held as Rape, Says Allahabad High Court.
HC on Mutual Divorce
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