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
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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
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HONOURABLE SRI JUSTICE B. KRISHNA MOHAN
C.R.P.No.1209 of 2020
30.11.2020
IKN
C.C. in two days
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