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Affidavits of long separation sufficient to waive cooling off period of 6 months in mutual divorce

Affidavits of long separation sufficient to waive cooling off period of 6 months in mutual divorce

Raju Singh Vs Twinkle Kanwar

Rajasthan HC

13/05/2022

S.B. Civil Writ Petition No. 6794/2022

About/from the judgment:

The High Court has disapproved of Family Court's view in an oder wherein the divorce application of the parties for waiving cooling-off six months' period was rejected in the absence of any documentary evidence.

The Court observed that the order can't stand in law especially when the parties have already stated on oath through affidavit that both of them are living separately since a considerable period.

In present writ petition preffered by the husband, he has challenged the rejection of joint application under Section 13-B of the Hindu Marriage Act.

Learned counsels for the parties have submitted that both the petitioner and the respondent have stated on oath through affidavit that they are living separately since July, 2018 and, in such circumstances, there no requirement of producing any documentary evidence to prove the aforesaid fact.

Reliance was placed on Amardeep Singh Vs. Harveen Kaur

The Court accepted the contention and observed that when the parties have already stated on oath through affidavit that both of them are living separately since July, 2018, the court below has committed illegality in rejecting the application of the parties for waiving cooling-off six months’ period in the absence of any documentary evidence.

The impugned order was accordingly set aside.

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