Saturday, December 26, 2020

Consent Divorce under Section 13(b)(ii) of the Hindu Marriage Act, 1955 - I.A. to waive the cooling-off period of six months time - The Court below, on perusal of H.M.O.P. along with the above said I.A. found missing of some marital dates as mentioned in the order dated 10.09.2020 and hence, dismissed the said I.A. - nothing to intefere and directed to persue the same in trial court.

 Consent Divorce under Section 13(b)(ii) of the Hindu Marriage Act, 1955 - I.A.  to waive the cooling-off period of six months time - The Court below, on perusal of H.M.O.P. along with the above said I.A. found missing of some marital dates as mentioned in the order dated 10.09.2020 and hence, dismissed the said I.A. - nothing to intefere and directed to persue the same in trial court.

THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN

CIVIL REVISION PETITION No.1209 of 2020

Chayapuram Sushma

Versus

NIL

ORDER:

This Civil Revision Petition is filed by the petitioners

against the order dated 10.09.2020 passed in I.A.No.29 of

2020 in H.M.O.P.No.34 of 2020 on the file of Senior Civil

Judge, Gooty.

2. The case of the petitioners is that petitioner No.1 has

filed I.A.No.29 of 2020 under Section 13(b)(ii) of the Hindu

Marriage Act, 1955 seeking to waive the cooling-off period of

six months time as has been mandatorily stipulated, stating

that her marriage with petitioner No.2 was solemnized on

20.04.2019 as per the Hindu rites and customs. Due to

incompatibility, their marriage was broken and there was no

scope of continuing marital life. In view of the same, the

petitioners have filed divorce O.P. along with I.A.No.29 of

2020 before the Court below, on mutual consent.

3. Heard learned counsel for the petitioner and perused

the record.

4. The Court below, on perusal of H.M.O.P. along with the

above said I.A. found missing of some marital dates as

mentioned in the order dated 10.09.2020 and hence,

dismissed the said I.A.

5. Taking into consideration the facts and circumstances

of the case and the order impugned, this Court does not find

any reason to interfere with the said order passed by the

Court below. Therefore, the Civil Revision Petition is 

2

dismissed directing the petitioners to approach the Court

below by filing an appropriate application by mentioning all

the relevant dates and information, which shall be considered

by the Court below as per law.

6. Accordingly, this Civil Revision Petition is dismissed.

There shall be no order as to costs.

 As a sequel thereto, miscellaneous petitions, if any,

pending shall stand closed.

 ________________________

B. KRISHNA MOHAN, J

Date: 30.11.2020

Note: Issue C.C. in two days

B/o

IKN 

3

HONOURABLE SRI JUSTICE B. KRISHNA MOHAN

C.R.P.No.1209 of 2020

30.11.2020

IKN

C.C. in two days 

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.