LegalSeva

A huge relief has come for people fed up with their divorce battles and thinking of separating mutually and gracefully from a failed marriage which is definitely Mutual Divorce. Even 6 months period has been made discretionary in the hands of District or Session Judge who can strike off this cooling period and grant divorce there and then. In Amardeep Singh vs. Harveen Kaur, SLP (c) 111587 of 2017, SC Judge Adarsh Goel, pronounced this relief. Judgment can be accessed here- http://www.livelaw.in/six-months-waiting-period-in-section-13b2-of-hindu-marriage-act-for-divorce-by-mutual-consent-not-mandatorysc-read-judgment/

Protection Petition in High Court Our Constitution permits us as an individual citizen of legally valid age i.e. 21 for boy and 18 for girl to get married to a person of own choice irrespective of caste, creed, colour, sex or ethnicity. But this should never be construed as an encouragement to get eloped or run away. Marriages in India are sacrament and mean to last lifetime but this isn’t a case any longer. We know it very well; what is happening in marriages nowadays. So one must decide carefully be it love marriage or arranged marriage. Then there is DDLJ , an epic movie that has encouraged many couples to follow their heart and get married to one they love. It’s perfectly Ok to me. But not everyone is like  Amrish Puri who will give his daughter’s hand to someone on a moving train and  say, ”Run Simran, Run”. What if from boy’s side, Anupam Kher also don’t support his son’s decision and is not a co-passenger in the same moving train? CAUTION! Danger, threa

IN THE SUPREME COURT OF INDIA  CIVIL APPELLATE JURISDICTION  CIVIL APPEAL NO. 11158 OF 2017  (Arising out of Special Leave Petition (Civil)No. 20184 of 2017)  Amardeep Singh …Appellant  Versus Harveen Kaur …Respondent  J U D G M E N T ADARSH KUMAR GOEL, J. 1. The question which arises for consideration in this appeal is whether the minimum period of six months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955 (the Act) for a motion for passing decree of divorce on the basis of mutual consent is mandatory or can be relaxed in any exceptional situations. 2. Factual matrix giving rise to this appeal is that marriage between the parties took place on 16th January, 1994 at Delhi. Two children were born in 1995 and 2003 respectively. Since 2008 the parties are living separately. Disputes between the parties gave rise to civil and criminal proceedings. Finally, on 28th April, 2017 a settlement was arrived at to resolve all the disputes and seeks divorce by mutu