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1.

DIVORCE
SC of INDIA

on

2017-09-12
Civil Appeal No 11158 of 2017J. Adarsh Kumar GoelAmardeep Singh vs Harveen KaurHMA 13

Cooling off period mentioned in Section 13-B(2) of Hindu Marriage Act is not mandatory. It is open to the District Court/ Family Court to exercise its discretion to waive off the period in the facts of the case

1) Since we are of the view that the period mentioned in Section 13B(2) is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.

2) Needless to say that in conducting such proceedings the Court can also use the medium of video conferencing and also permit genuine representation of the parties through close relations such as parents or siblings where the parties are unable to appear in person for any just and valid reason as may satisfy the Court, to advance the interest of justice.
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