Case Note & Summary
The petitioner-husband and respondent-wife were married on 22nd April 2015. Their temperament seldom matched, leading to marital discord. The wife instituted proceedings under Section 125 of the Code of Criminal Procedure, 1973 and under the Domestic Violence Act, 2005, which she later withdrew. The husband filed a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, which was decreed in November 2019. However, the parties did not resume cohabitation. They eventually decided to separate by mutual consent and filed a joint petition under Section 13-B of the Hindu Marriage Act before the Family Court at Pune. The Family Court, by order dated 16th March 2021, rejected the waiver of the six-month waiting period under Section 13-B(2) and directed the parties to wait for six months from the date of the first motion. Aggrieved, the husband filed the present writ petition. The sole legal issue was whether the six-month period under Section 13-B(2) is mandatory or can be relaxed in exceptional circumstances. The petitioner argued that the marriage had irretrievably broken down, the parties had been living separately for over two years, and all disputes including permanent alimony of Rs. 5,00,000 had been settled. The respondent supported the petition. The court, relying on the Supreme Court's decision in Amardeep Singh v. Harveen Kaur, held that the waiting period is directory and can be waived where the marriage has irretrievably broken down, the parties have settled all disputes, and there is no chance of reconciliation. The court found that the parties had been living separately since November 2019, the wife had withdrawn all proceedings, and a settlement of Rs. 5,00,000 had been paid. Accordingly, the court allowed the petition, set aside the Family Court's order, and granted a decree of divorce by mutual consent, waiving the six-month waiting period.
Headnote
A) Family Law - Mutual Consent Divorce - Section 13-B(2) of the Hindu Marriage Act, 1955 - Mandatory Waiting Period - Waiver - The court considered whether the six-month cooling-off period under Section 13-B(2) is mandatory or can be relaxed in exceptional circumstances. Held that the period is directory and can be waived where the marriage has irretrievably broken down, parties have settled all disputes, and there is no chance of reconciliation. (Paras 3-6) B) Family Law - Mutual Consent Divorce - Section 13-B(2) of the Hindu Marriage Act, 1955 - Irretrievable Breakdown - The court held that where the marriage has irretrievably broken down and the parties have been living separately for a sufficient period, the waiting period can be dispensed with to avoid further agony. (Paras 5-6) C) Family Law - Mutual Consent Divorce - Section 13-B(2) of the Hindu Marriage Act, 1955 - Compromise and Settlement - The court noted that the parties had settled all disputes including permanent alimony of Rs. 5,00,000, and the wife had withdrawn all proceedings. Held that such settlement indicates no possibility of reconciliation, warranting waiver of the waiting period. (Paras 4-6)
Issue of Consideration
Whether the minimum period of six months stipulated under Section 13-B(2) of the Hindu Marriage Act, 1955 for a motion for passing decree of divorce on the basis of mutual consent is mandatory or can be relaxed in any exceptional situations?
Final Decision
The court allowed the writ petition, set aside the Family Court's order dated 16th March 2021, and granted a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, waiving the six-month waiting period under Section 13-B(2).
Law Points
- Section 13-B(2) of the Hindu Marriage Act
- 1955
- mandatory waiting period
- waiver in exceptional circumstances
- irretrievable breakdown of marriage
- mutual consent divorce
- Article 142 of the Constitution of India
- inherent powers of court
