Case Law Analysis
|Allahabad High Court
Allahabad HC Directs Family Court to Proceed with Mutual Divorce After Cooling Period Elapses Despite Waiver Rejection | Section 13-B HMA : Allahabad HC
Allahabad HC ruled that the statutory six-month cooling period under Section 13-B(2) of the Hindu Marriage Act, 1955, cannot be waived, but once elapsed, the Family Court must proceed with the mutual divorce petition. The ruling clarifies that waiver rejections become infructuous post-cooling period, directing expeditious disposal of pending petitions.