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2017 Supreme(SC) 927

Amardeep Singh – Appellant
Versus
Harveen Kaur – Respondent


Judgement Key Points

What is the nature of the minimum period of six months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955? [1000598720001] Can the six-month cooling off period under Section 13B(2) of the Hindu Marriage Act, 1955 be waived in exceptional situations? [1000598720001]

Key Points: - The main question is whether the six-month period under Section 13B(2) of the Hindu Marriage Act, 1955 for the second motion in mutual consent divorce is mandatory or can be relaxed in exceptional situations [1000598720001] (!) . - Section 13B(2) is directory, not mandatory, and the cooling off period can be waived by the court after considering specific conditions [1000598720017][1000598720019]. - Conditions for waiver include: (i) statutory separation periods already over before first motion; (ii) mediation/conciliation efforts failed with no likelihood of success; (iii) genuine settlement of differences like alimony and custody; (iv) waiting period would prolong agony [1000598720017] (!) (!) (!) (!) . - Waiver application can be filed one week after the first motion, and the court has discretion if conditions are satisfied [1000598720018][1000598720019]. - Supreme Court cannot use Article 142 to waive the period contrary to statute when no proceedings are pending before it, as Manish Goel holds the field [1000598720008][1000598720003]. - Parties lived separately since 2008 (over 8 years), settled disputes with alimony paid, and sought waiver for resettlement [1000598720001][1000598720002]. - Object of Section 13B(2) is to prevent hurried decisions and allow rethink for reconciliation, not to perpetuate purposeless marriages [1000598720014][1000598720015]. - Courts can use video conferencing or representation by close relations in such proceedings [1000598720021]. - Parties directed to approach the concerned court for fresh consideration in light of this judgment; appeal disposed of [1000598720022] (!) .

What is the nature of the minimum period of six months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955? [1000598720001]

Can the six-month cooling off period under Section 13B(2) of the Hindu Marriage Act, 1955 be waived in exceptional situations? [1000598720001]


JUDGMENT

ADARSH KUMAR GOEL, J.

1. The question which arises for consideration in this appeal is whether the minimum period of six months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955 (the Act) for a motion for passing decree of divorce on the basis of mutual consent is mandatory or can be relaxed in any exceptional situations.

2. Factual matrix giving rise to this appeal is that marriage between the parties took place on 16th January, 1994 at Delhi. Two children were born in 1995 and 2003 respectively. Since 2008 the parties are living separately. Disputes between the parties gave rise to civil and criminal proceedings. Finally, on 28th April, 2017 a settlement was arrived at to resolve all the disputes and seeks divorce by mutual consent. The respondent wife is to be given permanent alimony of Rs.2.75 crores. Accordingly, HMA No. 1059 of 2017 was filed before the Family Court (West), Tis Hazari Court, New Delhi and on 8th May, 2017 statements of the parties were recorded. The appellant husband has also handed over two cheques of Rs.50,00,000/-, which have been duly honoured, towards part payment of permanent alimony. Custody of the children is to be with the appe













































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