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...able to live together and that they have mutually agreed that the marriage should be dissolved.”2. Section 13-B itself provides for a cooling off period of six...cooling off period of six months stipulated under Section 13-B of the above Act. It was urged that by such reckoning the parties have already completed the waiting period of six months, as envisaged...stipulated a cooling off period of six months from the date of filing of a petition for mutual divorce till such divorce is actually granted, with the intention that it would save the institution of marriage...
...be eligible to contest any further election without completing a cooling off period of three years. During the cooling off period, there is a prohibition on an office bearer becoming a member of t...Governing Council or of any committee of the BCCI or of a state association. The rationale for adopting a cooling off period was elaborated in Section C of the judgment of this Court. The rationale was...explained in paragraph 35 of the judgment in the following terms:“… A cooling-off period has several features which are of utmost importance...
...
cooling off period has been rejected.
3. The cooling off period of six months is statutorily prescribed,
which has accordingly been kept in mind by the trial court. We...
also do not gather any exceptional circumstances under which
cooling off period may be exempted in the case at hand.
4. Accordingly, the appeal is dismissed.
5. The learned...
...
necessary ingredients to be satisfied for relaxing the cooling-off period.
Learned counsel for the petitioner prays for withdrawal of this petition with liberty to
file a fresh...application giving all the necessary details required for relaxing the cooling-off
period.
Permission granted.
With the aforesaid liberty, this petition is dismissed as...-
off period as provided under Section 13-B(2) of the Hindu Marriage Act. Learned Family
Court is rejected the application on the ground that the application does not contain the...
..., from the filing of instant petition, the petitioner alongwith respondent No. 2 had filed a joint affidavit for waiving off the cooling-off period on 27.11.2019. However, when the application for waiving...off the cooling off period was rejected on 13.12.2019, the petitioner filed the instant writ petition under Article 227 of the Constitution Of India. The Supreme Court in a judgement reported in...cooling off period of six months could be filed within a week of the filing of the divorce petition under Section 13-B of the Hindu Marriage Act, 1955, and if the conditions as given in paragraph No. 19 of...
...whereby, the application submitted on behalf of the appellant and the respondent herein for waiving the cooling off period of six months and to decide the petition submitted on their behalf under...marriage by consent
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was submitted in the month of September, 2022. Thereafter, the application for waiving the cooling off period was...2017 (8) SCC 746
and urged that the cooling off period deserves to be waived in the facts and circumstances of the case at...
...laying down cooling-off period of six months is a mandatory requirement or it is open to the Family Court to waive the same having regard to the interest of justice in an individual case. Mr K.V...perpetuation of status of matrimony between unwilling partners did not serve any purpose. The object of the cooling-off period was to safeguard against a hurried decision if there was otherwise...Adarsh Kumar Goel, J.— The question which arises for consideration in this appeal is whether the minimum period of six months stipulated under Section 13-B(2) of the Hindu...
...):
The applicant has filed this present OA praying for a direction to the respondent authority to waive the 'cooling off' period and also to set aside the order dated...
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"cooling off" period was taken, having regard to the facts and circumstances of the case and in terms of office Memorandum date...by the Govt. Of India, Ministry of Personnel, Public Grievances and Pension. It has also been submitted that in fact the said "cooling off" period of three years expires today...
...has challenged the order dated 06.12.2022
fixing 04.07.2023 so as to provide for a cooling off period of six
months.
Learned counsel for the petitioner submits that there is no chance
of...judgment of the Supreme Court in the case of Amardeep Singh
v. Harveen Kaur, Civil Appeal No. 11158 of 2017 the provision
for cooling off period is.... 12190 of 2022, and so the Principal Judge, Family Court,
Chandauli be directed to consider the application of the parties for
waiving the cooling off period.
In view of the above, both the...
...) wherein the request for waiving the cooling-off period was declined.
2. The learned counsel for the parties submit that the parties have mutually agreed to a settlement, and there is...no possibility of resuming cohabitation between them. They assert that the decision was made without any coercion or undue pressure, and as such, the Court should have waived the cooling-off period. In...the waiver of the cooling-off period, held in paragraph 21 as follows:
''21. Since we are of the view that the period mentioned in Section 13B(2) is not mandatory but directory, it...
...that the Ministry of Education had raised
2 3 OA 533/20 an issue of waiving "cooling off" period and the Ministry of Education...authority to waive the "cooling off" period in the case of meritorious candidates. It is because of that he has applied for the post. The DoPT OM dated 17.2.2016 regarding the "cooling off" period...all applicable to AICTE which is a statutory body. According to the applicant, the denial of permission to waive "cooling off" period by respondent No.1 is arbitrary and illegal and it is liable to be...
...quashment and setting aside the order dated 28.11.2018 passed by the Judge, Family Court No. 1, Jaipur, whereby the application dated 14.11.2018 filed by both the parties for cooling off the period of...after waiving the cooling off period of six months, this court may pass a decree of divorce on mutual consent keeping in view the fact that their marriage has reached the stage of irretrievable broken..., supra, the Supreme Court laid down that since the cooling off period mentioned in Section 13-B(2) is not mandatory but directory, it will be open to the court to exercise its discretion in the facts...
...contended by Ms. Divya Ojha, learned counsel for the petitioner that the parties in this case are praying waiving the
"cooling-off" period since there is no hope for any...reconciliation.
The concept of a "cooling-off period of six months" for grant of divorce in a petition for mutual divorce filed by both the parties is incorporated...
object of the cooling off the period was to safeguard against a hurried decision if there was otherwise possibility of differences being reconciled....
...would become entitled for Central Deputation only after 16.06.2023. This resulted in addition of three years cooling off period to the one, which the applicant was subjected to. The aggregate of his...cooling off period became six years. The said order is challenged in this
OA.
3. The applicant contends that the order of deputation...stigma to his career. He further contends that there
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was absolutely no basis for extending the cooling off period.
...
...forwarded through official channels on the ground that he has not undergone the mandatory cooling-off period between two deputations. Learned counsel for applicant submits that the applicant was...prematurely repatriated for the reasons not attributable to him, and as such there should not be any insistence on the cooling-off period.Heard.Issue notice to the...The applicant is working as a Store Assistant ‘B’ in DRDO. He was on deputation with MEA against the post of Accountant. It is stated that the deputation was for a period of one year...
...;(c) Cooling-off period;(d) Disqualifications;(e) Constitution of the Apex Council...of the National Teams shall be appointed by the Cricket Advisory Committee referred to in Rule 26(2)(A)(ii) below.”C. Cooling-off period26...;26.2. A maximum of three terms should be allowed regardless of the post held; and26.3. There should be a mandatory “cooling-off period” after each term...
...the month of November, 2010 for the post of A.D. Vigilance had completed the necessary cooling off period of 3 years as per the contents of D.O.P.T. OM dated 17.6.2010. e. What are the criteria followed...completed the necessary cooling off period of 3 years. h. Whether the Sh. Vidya Sagar, Asstt. who has been selected for the post of Asstt. Director (Vigilance) was more qualified and experienced than...that of other candidates available for the said post? Query 17. Is it true that the E.P.F.0. (H.Q.) is following two set of rules i.e. no cooling off period has been considered in respect of Sh. Manish...
...dispute, they had filed the above said H.M.O.P on 03.06.2024.
3. Pending H.M.O.P, the couple have filed I.A.No.2 of 2025 seeking to waive the cooling period of six months. This application has been dis...pass orders in the mutual consent divorce application on the ground that already cooling off period has expired. Instead the Court has proceeded to pass an order on 01.02.2025 rejecting the application...to waive the cooling off period.
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5. In view of the above said deliberations, the order passed in I.A.No.2 of 2025...
...Amit Kumar (supra), and has allowed the parties to obtain a decree of divorce by waiving six months' cooling off period as provided under Section 13 (2) of the Hindu Marriage Act, the application has...cooling off period of 6 months.
09.08.2023
The Ld. Family Court, Indoredismissed the application for waiving the cooling off period preferred jointly by the Petitio...parties have found themselves, the application for waiving the cooling off period of six months has been filed and as has already been held by the Supreme Court that even the conditions as enumerated in...
...:
"set aside the order dated 08.07.2025 (Annexure -1) passed by learned Principal Judge, Family Court, Sonbhadra rejecting the application to waive the cooling off period of s...petitioner that the application filed by the petitioner for waiving the cooling off period as provided under Section 13-B of the Hindu Marriage Act, 1955 has been rejected by the order impugned without...recording any reasons by the Family Court only on the ground that the Act provides for such a cooling period. Counsel for the petitioner relied upon judgment of this Court passed in Matters Under Article 227 No. 1886 of 20...