The court established that the six-month waiting period under Section 13B of the Hindu Marriage Act is directory, permitting waiver when reconciliation is not feasible.

Headnote:
Divorce - Hindu Marriage Act - [Section 13B] - The court interpreted Section 13B of the Hindu Marriage Act, emphasizing that the six-month waiting period is directory, allowing for waiver when reconciliation efforts fail and mutual consent is established.
Fact of the Case:

The appellants sought exemption from the six-month waiting period under Section 13B of the Hindu Marriage Act for mutual divorce, citing prolonged separation and failed reconciliation efforts.
Finding of the Court:

The court found that the statutory period under Section 13B(2) is directory, allowing for waiver in cases where reconciliation is impossible and mutual consent is established.
Issues: Whether the six-month waiting period under Section 13B(2) of the Hindu Marriage Act can be waived in the case of mutual consent for divorce.
Ratio Decidendi: The court held that the six-month waiting period is not mandatory but directory, allowing discretion to waive it based on the circumstances of the case.
Result: The appeal is allowed, and the statutory waiting period under Section 13B of the Hindu Marriage Act is waived.

JUDGMENT

JAIN, J. - .The present appeal arises out of order dated 17.8.2021 passed by learned Judge, Family Court No.1, Jodhpur (presently Presiding office of learned Family Court No. 2, Jodhpur) (under additional charge of learned Family Court No. 1 & 3) in Civil Original Case No. 389 of 2021 whereby the application filed by the parties seeking exemption of 6 months time period as provided under Section 13B of the Hindu Marriage Act, 1955 (for short ?the HMA Act?) was rejected.

2. On 02.8.2021, the appellants filed an application under Section 13B of the HMA Act stating that their marriage was solemnized on 11.11.2006 as per Hindu rites and customs at Udaipur and daughter namely Anvesha was born out of their wedlock, who resides with her mother. Ever since the marriage, on one count or the other, there was estrangement amongst them and due to ideological differences, the relationship reached to the point of no return. As a consequence, the appellant and respondent started living separately The present appeal arises out of order dated 17.8.2021 passed by learned Judge, Family Court No.l, Jodhpur (presently Presiding office of learned Family Court No. 2, Jodhpur) (under additional charge of learned Family Court No. 1 & 3) in Civil Original Case No. 389 of 2021 whereby the application filed by the parties seeking exemption of 6 months time period since April, 2011. It was finally decided by the spouses that they should part ways peacefully.

3. Litigation and cases under Sections 498 A IPC and 125 Cr.P.C. and divorce petition U/s 13 of Hindu Marriage Act, 1955 was also filed by Smt. Vandana "wife". One case under Domestic Violence Act, 2005 was also filed.

4. In between the litigation, the appellants attended many sessions of conciliation with family members but reconciliation efforts were in vain.

5. Ultimately both the appellants were ready for mutual divorce and they have decided to settle all their disputes amicably. Petitioner No. 2 has already received all her Stridhan and belongings from petitioner NO. 1 in the first-round of litigation itself. Further the appellant No. 2 agreed to accept Rs. 13,00,000/- (Rupees Thirteen Lacs) as one time settlement, as alimony towards herself and their daughter.

6. In this regard, an application under Section 13B of the HMA Act for divorce by mutual consent was filed by the spouses & came to be listed before the learned Judge, Family Court No.l, Jodhpur on 02.8.2021. The learned Family Court posted the matter in the light of the fact that out of three Family Courts working at Jodhpur, two Family Court is lying vacant and on account of huge pendency and work, the disposal of application is not possible.

7. On 17.8.2021, inspite of Section 13B of the HMA Act application for exemption of 6 months' period in the light of Apex court judgment titled Amardeep Singh v. Harveen Kaur reported in 2017 (8) SCC 746, which was applicable in the facts and circumstances, the same was dismissed. Hence, the present appeal was filed under Section 19 of the Family Court Act seeking exemption of statutory period of 6 months when the dissolution of marriage has to take place with mutual acceptance.

8. During the course of hearing, both of appellants jointly requested for consideration of their prayers for exemption of statutory period under Section 13B of the HMA Act at the earliest and for dissolution of marriage. In this background and looking to the prayer made and facts and circumstances, we have expedited the proceedings and were inclined to pass orders in the present appeal.

9. In order to decide the present appeal, it is important to consider the provisions of Section 13B of the HMA Act, which are reproduced as under:

"13B. Divorce by mutual consent.- (l) Subject to the provisions of this Act a petition for dissolution 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