SAJI T VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) Can the waiting period after filing the joint petition for divorce under Section 13B of the Hindu Marriage Act, Section 10A of the Indian Divorce Act and Section 28 of the Special Marriage Act be waived by the Court suo motu or on the application of both parties

(2.) This question arose for consideration in various petitions and we posted all such cases together for hearing. Sri.G.Shrikumar, Advocate, has rendered assistance as amicus curiae for the Court. We have had the advantage of hearing Advocates M/s S. Subash Chand. Sandhya Raju, M.R. Rajesh, R. Sunilkumar, Shoby K. Francis and others on the question.

(3.) We have answered that question in Mat. Appeal No. 633/08 today , 2010 (2) KLT 459. The finding on that question is extracted below: