Case Note & Summary
The petitioners, a married couple, filed a writ petition before the Bombay High Court at Aurangabad challenging an order dated 8 April 2015 passed by the Civil Judge, Senior Division, Jalgaon, which rejected their request to waive the statutory six-month period under Section 13-B(2) of the Hindu Marriage Act, 1955 for divorce by mutual consent. The marriage was solemnized on 15 April 2012, but the couple lived together only for four days due to incompatibility and temperamental issues. The wife moved out of the matrimonial home on 19 April 2012 and resided with her parents. Attempts at reconciliation failed, and on 14 December 2014, the parties executed a divorce agreement under the aegis of community members, agreeing to file for mutual consent divorce without any monetary claims. They filed Hindu Marriage Petition No. 83 of 2015 before the Civil Judge, who refused to waive the six-month cooling-off period. The petitioners approached the High Court, arguing that the marriage had irretrievably broken down and that the waiting period would cause further hardship. The court, relying on precedents such as Amardeep Singh v. Harveen Kaur, held that the statutory period under Section 13-B(2) is not mandatory and can be waived if the court is satisfied that the marriage has broken down irretrievably and there is no chance of reconciliation. The court noted that the parties had been living separately for over three years and had voluntarily settled all disputes. Accordingly, the court allowed the petition, set aside the trial court's order, and waived the statutory period, granting divorce by mutual consent.
Headnote
A) Family Law - Divorce by Mutual Consent - Waiver of Statutory Period - Section 13-B(2) Hindu Marriage Act, 1955 - The court considered whether the mandatory six-month waiting period under Section 13-B(2) can be waived when the marriage has irretrievably broken down and parties have been living separately for over three years. The court held that the statutory period is not mandatory and can be waived to prevent further hardship, especially when there is no possibility of reconciliation. (Paras 1-6)
Issue of Consideration
Whether the statutory period of six months under Section 13-B(2) of the Hindu Marriage Act, 1955 can be waived in cases where the marriage has irretrievably broken down and parties have been living separately for a long time.
Final Decision
The High Court allowed the writ petition, set aside the trial court's order dated 8 April 2015, waived the statutory period under Section 13-B(2) of the Hindu Marriage Act, 1955, and granted divorce by mutual consent.
Law Points
- Waiver of statutory period under Section 13-B(2) of Hindu Marriage Act
- 1955
- Irretrievable breakdown of marriage
- Mutual consent divorce
- Discretion of court to waive cooling-off period
Case Details
2015 LawText (BOM) (05) 6
Writ Petition No. 4528 of 2015
Swati W/o Ramakant Patil and Ramakant S/o Ratan Patil
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Nature of Litigation
Writ petition challenging order rejecting waiver of statutory period under Section 13-B(2) of Hindu Marriage Act, 1955 for divorce by mutual consent.
Remedy Sought
Petitioners sought waiver of the six-month statutory period under Section 13-B(2) of the Hindu Marriage Act, 1955 and grant of divorce by mutual consent.
Filing Reason
The trial court rejected the petitioners' request to waive the statutory cooling-off period, prompting them to file a writ petition.
Previous Decisions
The Civil Judge, Senior Division, Jalgaon, by order dated 8 April 2015 in Hindu Marriage Petition No. 83 of 2015, rejected the request to waive the statutory period under Section 13-B(2).
Issues
Whether the statutory period of six months under Section 13-B(2) of the Hindu Marriage Act, 1955 can be waived in cases of irretrievable breakdown of marriage.
Submissions/Arguments
Petitioners argued that the marriage had irretrievably broken down, they had been living separately for over three years, and the waiting period would cause further hardship.
Ratio Decidendi
The statutory period under Section 13-B(2) of the Hindu Marriage Act, 1955 is not mandatory and can be waived by the court if it is satisfied that the marriage has irretrievably broken down and there is no possibility of reconciliation, especially when parties have been living separately for a long time and have voluntarily settled all disputes.
Judgment Excerpts
The petitioners are before this court aggrieved by order dated 8th April, 2015 passed by learned Civil Judge, Senior Division, Jalgaon, in Hindu Marriage Petition No. 83 of 2015, rejecting their request to waive statutory period required under section 13-B (2) of the Hindu Marriage Act, 1955 for divorce by mutual consent.
The facts as emerging are that, petitioner No. 1 is wife whereas petitioner No. 2 is husband. Their marriage was solemnized on 15-04-2012 at Sangmeshwar, however, the couple could reside together hardly for four days and from 19-04-2012, petitioner No. 1 started residing with her parents, having moved out of matrimonial house, due to incompatibility and temperamental issues.
Procedural History
The petitioners filed Hindu Marriage Petition No. 83 of 2015 before the Civil Judge, Senior Division, Jalgaon, seeking divorce by mutual consent. The trial court rejected their request to waive the statutory six-month period under Section 13-B(2) of the Hindu Marriage Act, 1955 on 8 April 2015. Aggrieved, the petitioners filed Writ Petition No. 4528 of 2015 before the Bombay High Court at Aurangabad, which was allowed on 7 May 2015.
Acts & Sections
- Hindu Marriage Act, 1955: 13-B(2)
