Answer: The cooling of period mentioned in section 13-B (2) of the Hindu Marriage Act, 1955 is directory and not mandatory, still it can be waived subject to fulfillment of certain conditions as mentioned in the judgement of the Honourable Supreme Court of India in the case, Amardeep Singh Vs Harveen Kaur, 2017 (4) RCR (civil) 2008. For waiving of the statutory period of six months under Section 13-B (2), the Honourable Apex court has laid down five conditions which states:- (i) the statutory period of six months Specified in Section 13 B (2), in addition to the statutory period of one year under Section 13 B (1) of separation of parties is already over before the 1st motion itself; ii) all efforts for mediation/conciliation including efforts in terms of Order 32 A Rule 3 CPC/Section 23 (2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts; iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties; v) the waiting period will only prolong the agony. If these conditions are fulfilled, the cooling of period can be waived for allowing divorce.
Author: Legal Advice Guru
Query: I had taken a loan of ₹ 5 lakhs from a private financer. At the time of advancing loan, the financer had also obtained security cheques from me. Although, the loan amount with interest has been repaid, but the financer did not return the security cheques. He misused the same by filing a false case under Negotiable Instruments Act. How should, I defend myself.