#mutual divorce

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.

Karnataka High Court holds that a wife’s explicit waiver of maintenance in mutual divorce proceedings estops her from claiming interim maintenance under Section 144(2) BNSS, while affirming the minor child’s independent right to Rs. 5,000 per month. The ruling clarifies the binding nature of mutual divorce agreements on future maintenance claims.

Rajasthan High Court holds that the six-month cooling period under Section 13B(2) of the Hindu Marriage Act is directory, not mandatory, and may be waived where reconciliation is impossible.