Topic

Statutory Waiver

3 articlesLatest May 2026
Section 13-B(2) HMA | 23-Month Separation with No Reconciliation Prospects Justifies Cooling-Off Period Waiver : MP HC
Case Law Analysis
|Madhya Pradesh High Court

Section 13-B(2) HMA | 23-Month Separation with No Reconciliation Prospects Justifies Cooling-Off Period Waiver : MP HC

MP High Court holds that a mandatory 6-month cooling-off period under Section 13-B(2) of the Hindu Marriage Act can be waived where parties have lived apart for 23 months with no cohabitation, no children, and mutual consent. The ruling emphasizes judicial discretion in cases of irretrievably broken marriages, setting a precedent for expedited divorce proceedings in similar fact-patterns.

BIFR Sanctioned Scheme | Waived ESI Dues Cannot Be Revived Even Against Non-Party ESIC : Madras HC
Case Law Analysis
|Madras High Court

BIFR Sanctioned Scheme | Waived ESI Dues Cannot Be Revived Even Against Non-Party ESIC : Madras HC

Madras High Court rules that a BIFR-sanctioned rehabilitation scheme extinguishes ESI Corporation's right to recover waived contributions, interest, and damages, even if ESIC was not a party to the BIFR proceedings. The judgment bars revival of such claims post-scheme implementation, reinforcing the finality of statutory waivers in industrial revival schemes.

Section 13B Hindu Marriage Act | Statutory Cooling-Off Period Waived for Couples Separated Over One Year with Full Settlement : Chhattisgarh HC
Case Law Analysis
|Chhattisgarh High Court

Section 13B Hindu Marriage Act | Statutory Cooling-Off Period Waived for Couples Separated Over One Year with Full Settlement : Chhattisgarh HC

Chhattisgarh High Court waives the mandatory six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act where spouses have lived separately for over a year, resolved all disputes, and jointly filed for divorce with full financial settlement. The ruling reinforces the Supreme Court’s Amardeep Singh precedent, offering expedited divorce for mutually consenting couples with no pending disputes.