Section 13B of The Hindu Marriage Act II

The ‘statutory period of waiting’ has been waived again in Wadhera v. Wadhera, [Transfer Petition (Civil) No. 569 of 2014]. The SC held, “having regard to the background of the several litigations between the parties over a period of 5 years, background of the parties living separately for more than 5 years, submission of the Husband that he has to go back to his work place in U.S.A and also having regard to the submission of the Wife that she now has to think of her future, we are of the view that it is a fit case to invoke our jurisdiction under Article 142 of the Constitution of India and grant a decree of divorce by mutual consent by waiving the statutory period of waiting. Therefore, the marriage between Wadhera and Wadhera stands dissolved by decree of mutual consent.

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