Disposed

Prasad Ulhas Kamde v. Vaishnavi W/O Prasad Kamde D/O Bhaiyyaji Bhusari

Bombay HC26 Nov 2024WP/6827/2024

Case brief

AI extract

What is this about?

Husband's writ petition challenged the Family Court's rejection of the application to waive the six-month waiting period in a mutual-consent divorce petition. Relying on the parties' Memorandum of Understanding showing no chance of reconciliation, the High Court set aside the order and waived the waiting period.

What did the court decide?

Order of Family Court No.1, Nagpur dated 07-10-2024 set aside; statutory six-month waiting period under Section 13B(2) waived.

Prasad Ulhas Kamde Vs Vaishnavi W/O Prasad Kamde D/O… — Matrimonial and Divorce | Bombay HC (2024)

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2024:BHC-NAG:13463 1 wp 6827.24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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Writ Petition No.6827/2024 Prasad V Mrs. Vaishnavi

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - Mrs. Shabana Khan, Advocate for petitioner. Mr. S. Zia Qazi, Advocate for respondent.

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CORAM : N.R. Borkar, J. DATE : 26-11-2024.

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This petition takes exception to the order dated 07-10-2024 passed by the learned Family Court No.1, Nagpur in Petition No.F-618/2024.

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ii. In a petition filed by the petitioner (husband) and respondent (wife) under Section 13B of the Hindu Marriage Act, 1955 (for short, the 'said Act') for a decree of divorce by mutual consent, they had filed an application to waive the statutory waiting period of six months specified in Section 13B(2) of the said Act. The learned Family Court has rejected the said application by the order impugned.

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iii. I have heard the learned Counsel for the parties.

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iv. The learned Counsel for the parties submit that there

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is no chance of reconciliation between the parties. In support of submission, the learned Counsel for the parties have drawn my

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2 wp 6827.24.odt

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attention to the Memorandum of Understanding (MOU) executed by the parties dated 12-06-2023.

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v. I have perused the said MOU and reason mentioned therein by the parties for living separately.

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vi. After going through the reason, I am of the view that chances of reconciliation are not there at all. In that view of the matter, the order impugned is set aside. The statutory waiting period of six months is hereby waived.

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vii. The petition is disposed of in the aforesaid terms.

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( N.R. Borkar, J. )

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Deshmukh

Prasad Ulhas Kamde v. Vaishnavi W/O Prasad Kamde D/O Bhaiyyaji Bhusari

Case brief

What is this about?

What did the court decide?

Prasad Ulhas Kamde v. Vaishnavi W/O Prasad Kamde D/O Bhaiyyaji Bhusari

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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