Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746 is a landmark judgment of the Hon’ble Supreme Court of India regarding waiver of the statutory six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act, 1955 (mutual consent divorce judgment).

Case Background

Amardeep Singh (husband) and Harveen Kaur (wife) married in 16th January 1994, Two children were born.

Due to matrimonial differences, they started living separately in 2008.

In 2017, on the bases of settlement by resolving all disputes, they filed a joint petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act in the family court (West), Tis Hazari court New Delhi.

However, Section 13B(2) requires a six-month cooling-off period between the first and second motion for mutual divorce.

Whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, mutual divorce ground that they have been living separately for a period of one year or more, and they have not been able to live together and they (husband and wife) mutually agreed to dissolve the marriage.

The parties requested the Family Court to waive this period since they had already been living separately for more than 8 years.

There was no possibility of reconciliation.

The issue reached the Supreme Court.

Whether the six-month waiting period under Section 13B(2) of the Hindu Marriage Act is mandatory or directory?

The Supreme Court’s Observations

The object of the cooling-off period is to give spouses time to reconsider reconciliation.

But if marriage has irretrievably broken down, insisting on the waiting period would only prolong agony.

Key Principles Laid Down

The Supreme Court held that the six-month period under Section 13B(2) is directory, not mandatory.

Family Courts may waive the waiting period if the following conditions are satisfied: (mutual consent divorce judgment)

Statutory period of separation (one year under Section 13B(1)) is already over.

All Efforts at reconciliation have failed.

The parties have genuinely settled issues like alimony, custody, and other pending disputes.

The waiting period would only cause unnecessary hardship.

Ratio Decidendi

The cooling-off period under Section 13B(2) is not mandatory.

Family Courts have the discretion to waive it depending on the facts of each case.

Significance

Simplified and expedited the process of mutual consent divorce.

Gave discretion to courts to assess whether insisting on the waiting period serves any meaningful purpose.

Used widely in Family Courts when parties seek immediate divorce by mutual consent.

THE HINDU MARRIAGE ACT, 1955

13B. Divorce by mutual consent.—(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with
effect from the date of the decree.

Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can consult a legal expert.