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LISA GILL, RITU TAGORE
Simranjeet Kaur – Appellant
Versus
Gurbax Singh – Respondent
JUDGMENT :
(Lisa Gill, J.)
This appeal has been filed by the appellant-wife for setting aside order dated 13.12.2022, passed by the learned Family Court, Hoshiarpur, whereby petition under Section 13-B of the HINDU MARRIAGE ACT , (for short `the Act'), filed by the appellant and the respondent-husband has been rejected on the ground that the petition has been filed prior to one year of the parties living separately.
2. Brief facts necessary for adjudication of the matter are that petition under Section 13-B of the Act, was filed by both the husband and the wife seeking a decree of divorce by mutual consent. It is stated in the petition attached as Annexure A1 that marriage was solemnized between the parties on 26.02.2020 at village Balala, Hoshiarpur, as per Sikh Rites. Parties, it is stated cohabited as husband and wife in the matrimonial home up to 07.03.2020. Husband went abroad on 07.03.2020 and the wife proceeded to her parental home. The parties remained on talking terms through telephone and social media till August 2020, but due to temperamental differences, they decided to separate from each other. It is stated that they have not cohabited since 07.03.2020 and are living se
Statutory requirement of separation for one year prior to divorce petition was satisfied despite initial dismissal.
Exceptional circumstances can warrant the waiver of the mandatory one-year period before filing a petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, as provided in S....
The statutory waiting period under Section 13-B of the Hindu Marriage Act can be waived if irretrievable breakdown of marriage is established.
The cooling-off period under Section 13-B(2) of the Hindu Marriage Act, 1955 is directory and can be waived by the court in cases where reconciliation is not possible.
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.
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