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SUDHIR SINGH, SUMEET GOEL
Hardeep Singh – Appellant
Versus
Ramandeep Kaur – Respondent
JUDGMENT
Mr. Sumeet Goel, J.
The challenge in the present appeal is to an order dated 17.10.2023 passed by Principal Judge, Family Court, Patiala whereby application filed under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter to be referred as 'the Act') for waiving off the statutory period of six months has been rejected.
2. Succinctly facts first, as stated in the pleadings by the parties.
2.1 The marriage between the parties was solemnised on 19.02.2018 according to Sikh rites and ceremonies. They cohabited as husband and wife at village Dharkraba, Tehsil and District Patiala but no issue was born out of this wedlock. However, subsequently the parties started to live separately since January 2020, due to temperamental issues between them. As there were no chances of their reconciliation, the parties on 25.08.2023 filed a petition under Section 13-B of the Act before the Family Court seeking decree of divorce by mutual consent. By an order dated 28.08.2023, the Family Court recorded that the requirement of Section 13B(1) of the Act have been satisfied as the parties have been living separately for a period of more than one year but however with regard to Section 13B(2) of
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 statutory waiting period under Section 13-B(2) of the Hindu Marriage Act is directory and can be waived by the court if reconciliation is not possible and the parties have been separated for a si....
(1) Divorce by mutual consent – If marriage has broken down irretrievably, statutory waiting period of six months ca be waived.(2) A Judgment is a precedent for the issue of law that is raised and de....
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.
The statutory waiting period under Section 13-B(2) of the Hindu Marriage Act, 1955 is directory, allowing courts to waive it when reconciliation is unlikely and parties are educated.
The court has the discretion to waive the statutory period under Section 13-B(2) of the Hindu Marriage Act, 1955, based on specific conditions and the facts and circumstances of each case.
The court has the discretion to waive the six months waiting period for divorce by mutual consent if certain conditions are fulfilled.
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