Waival of Cooling-off Period (Section 13B HMA)
Application for waiving the 6-month cooling-off period in mutual consent divorce cases. This document belongs to the Family Law category.
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IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT AT [courtName]
Matrimonial Case No. [caseNo] of 2024
IN THE MATTER OF:
[petitioner1Name] ... Petitioner No. 1
AND
[petitioner2Name] ... Petitioner No. 2
APPLICATION FOR WAIVING THE SIX MONTHS COOLING-OFF PERIOD UNDER SECTION 13B(2) OF THE HINDU MARRIAGE ACT, 1955
MOST RESPECTFULLY SHOWETH:
1. That the Petitioners have filed a petition for divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act.
2. That the parties have been living separately since [date].
3. That all efforts for reconciliation have failed and there is no possibility of living together.
4. That the parties have already settled all their disputes regarding alimony and property.
5. That the continuation of the marriage is causing mental agony to both parties.
6. That the interest of justice requires a waival of the six-month cooling-off period.
PRAYER:
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:
1. Waive the six-month cooling-off period and record the second motion statement of the parties immediately;
2. Pass any other order as this Hon'ble Court may deem fit and proper.
PETITIONER NO. 1
PETITIONER NO. 2
VERIFICATION:
Verified at [place] on this [date] that the contents of paragraphs 1 to 6 are true to our knowledge and belief.