AMARDEEP SINGH versus HARVEEN KAUR

AMARDEEP SINGH versus HARVEEN KAUR

Section 13B(2) of the Hindu Marriage Act, 1955, which provides for a minimum six months cooling off period before granting divorce by mutual consent, is not mandatory but directory. The Family Court may waive the cooling off period if satisfied that the statutory period of separation is over, all efforts of mediation/conciliation have failed, differences including alimony and custody are settled, and waiting would only prolong agony.

Parties
Appellant: Amardeep Singh; Respondent: Harveen Kaur
Jurisdiction
India
Judgment Date
12 September 2017
Procedural Posture
Civil Appeal / Appellate Disposition
Outcome
appeal disposed of
Legal Topics
Divorce by Mutual Consent, Cooling Off Period, Waiver of Statutory Waiting Period
Family Law Divorce by Mutual Consent Cooling Off Period Waiver of Statutory Waiting Period

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Parties

Amardeep Singh

Appellant

Harveen Kaur

Respondent

Procedural Posture

Civil Appeal / Appellate Disposition

Legal Issues

  1. 1 Whether the minimum period of six months stipulated under Section 13B(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 exceptional situations

Ratio Decidendi

Section 13B(2) of the Hindu Marriage Act, 1955, which provides for a minimum six months cooling off period before granting divorce by mutual consent, is not mandatory but directory. The Family Court may waive the cooling off period if satisfied that the statutory period of separation is over, all efforts of mediation/conciliation have failed, differences including alimony and custody are settled, and waiting would only prolong agony.

Court Disposition

appeal disposed of

Orders

  • Parties are at liberty to move the concerned court for fresh consideration in light of this order.