Case Note & Summary
The Supreme Court allowed an appeal against the judgment of the Punjab and Haryana High Court which had upheld the Family Court's refusal to waive the six-month waiting period under Section 13B(2) of the Hindu Marriage Act, 1955. The appellant, an IPS officer, and the respondent, an IFS officer, were married on 10 September 2020 but separated after only three days due to irreconcilable differences. After over one year of separation, they jointly filed a petition for divorce by mutual consent under Section 13B(1) on 30 September 2021. They also moved an application seeking waiver of the six-month waiting period under Section 13B(2), which was dismissed by the Family Court on the ground that the total period of separation before the first motion was only 18 months and 17 days, not the required 18 months as per the guidelines in Amardeep Singh v. Harveen Kaur. The High Court dismissed the revision petition, holding that the condition of 1½ years of separation before the first motion was not fulfilled. The Supreme Court, however, held that the conditions laid down in Amardeep Singh are not exhaustive and that the court has the power to waive the waiting period if it is satisfied that the marriage has irretrievably broken down, there is no chance of reconciliation, and the waiting period would only cause further agony. The Court noted that the parties had been living separately for over one year, were both well-educated and well-placed, and had mutually agreed to dissolve the marriage. The Court set aside the orders of the Family Court and the High Court, waived the six-month waiting period, and directed the Family Court to proceed with the second motion and pass a decree of divorce expeditiously.
Headnote
A) Hindu Law - Divorce by Mutual Consent - Section 13B(2) of the Hindu Marriage Act, 1955 - Waiver of Statutory Waiting Period - The court held that the six-month cooling period under Section 13B(2) is directory and not mandatory. Where the marriage has irretrievably broken down, the parties have been living separately for more than one year, all efforts at reconciliation have failed, and the waiting period would only prolong their agony, the court may waive the requirement and grant a decree of divorce immediately. (Paras 13-20) B) Hindu Law - Divorce by Mutual Consent - Section 13B(1) of the Hindu Marriage Act, 1955 - Conditions for Waiver - The court clarified that the conditions laid down in Amardeep Singh v. Harveen Kaur are illustrative, not exhaustive. The primary consideration is whether there is any chance of reconciliation. If the court is satisfied that the marriage has broken down irretrievably, it can waive the waiting period even if the total period of separation before the first motion is less than 18 months. (Paras 19-20) C) Hindu Law - Divorce by Mutual Consent - Section 13B of the Hindu Marriage Act, 1955 - Irretrievable Breakdown of Marriage - The court emphasized that the object of Section 13B is to enable parties to dissolve a marriage that has irretrievably broken down by mutual consent, avoiding unnecessary litigation. The waiting period is meant to prevent hasty decisions, but when the parties have already been separated for a substantial period and have settled all disputes, the court should not compel them to wait. (Paras 16-18)
Issue of Consideration
Whether the six-month waiting period under Section 13B(2) of the Hindu Marriage Act, 1955 can be waived by the court when the parties have been living separately for more than one year and the marriage has irretrievably broken down.
Final Decision
The Supreme Court allowed the appeal, set aside the orders of the Family Court and the High Court, waived the six-month waiting period under Section 13B(2) of the Hindu Marriage Act, 1955, and directed the Family Court to proceed with the second motion and pass a decree of divorce expeditiously, preferably within one month from the date of the order.
Law Points
- Section 13B(2) of the Hindu Marriage Act
- 1955 is directory
- not mandatory
- waiting period can be waived if marriage has irretrievably broken down
- parties living separately for more than one year
- no chance of reconciliation
- all disputes settled
- waiting period would cause further agony
