Divorce u/s 13b of hma
My brother had filed divorce case against her wife in 2007 and in retaliation his wife had filed 498A against my brother and mother. Mother moved upto SC against cognizance for its quashing where a settlement was arrived. A settlement amount of sum of Rs.30 Lakh was given to brother's wife as per settlement in SC itself. It was also decided to withdraw the ongoing matrimonial case and a fresh petition be filed U/s 13-B of MHA.
Now, is it possible to get the divorce decree before cooling period of six months in the light of SC order which says -
Insofar as the Matrimonial Suit No........ of 2007, pending before the Principal Family Judge, is concerned, learned counsel for the rival parties are agreed, that the same will be withdrawn, and that, a petition under Section 13B of the Hindu Marriage Act, 1955 will be filed by the parties jointly within one month from today, in compliance with the undertaking given to this Court (recorded in the Motion Bench order dated 11.09.2015).
Pl revert with exact reasoning as petition is to be filed on 9th Nov'15.