Direction from high court
2 years ago
I have filed 13 b ,judge gave us 6 months time, we want to take direction from high court to reduce time, what documents do I need to submit.
A.Dear Sir,
Normally, the Family Court is suppose to wait for cooling period to be expired thereafter they will take up mutual divorce case. It has become routine work for the family Courts and their staff members to post the cases after 6 months due to heavy burden of cases. You have done very good job by approaching High Court wherein you have to produce such documents which will establish that family Court can waive of 6 months period. You may produce VISA saying that you are going Abroad as such you are in urgent or you are going to marry like that.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
As per Section 13 -B(2)of the Hindu Marriage Act, 1955, as amended up to date, the minimum cooling period is 6 months.
However as per the Supreme Court verdict,a case can be made out to waive the statutory period under Section 13B(2),if
i) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of the Hindu Marriage Act, 1955,of separation of parties is already over before the first motion itself;
ii) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA 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;
iv) the waiting period will only prolong their agony.
The documents required are address proof of husband and wife, details of the parties profession with present remuneration, income tax statements for the last 2-3 years, detailed information of the family background, details of the assets owned, marriage certificate, evidence to show that the spouses are living separately more than a year and lastly, evidence to demonstrate failed attempts of reconciliation.
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