The statutory waiting period under Section 13-B of the Hindu Marriage Act can be waived if irretrievable breakdown of marriage is established.

Key Points: - The statutory waiting period under Section 13-B of the Hindu Marriage Act can be waived if irretrievable breakdown of marriage is established (!) (!) . - The marriage in this case is considered a non-starter with irreconcilable differences, and the parties have lived separately for more than three years (!) (!) . - The court has the discretion to waive the statutory six-month period if there is no possibility of reconciliation and waiting would only prolong the parties' agony (!) (!) . - The facts of this case align with the precedent set in the earlier judgment, satisfying the conditions for waiving the waiting period (!) (!) . - The impugned order is set aside, and the parties are permitted to proceed with the divorce petition under Section 13-B of the Hindu Marriage Act (!) .

What is the effect of establishing irretrievable breakdown of marriage on the statutory waiting period under Section 13-B of the Hindu Marriage Act?

How to determine whether the statutory waiting period for divorce by mutual consent can be waived?

What are the conditions that must be met to allow divorce by mutual consent under Section 13-B of the Hindu Marriage Act?

JUDGMENT :

Vikas Bahl, J. (Oral)

1. Present revision petition has been filed under Article 227 of the Constitution of India against the impugned order dated 08.04.2025 (Annexure P-1) passed by the Principal Judge, Family Court, Barnala, in HMA -105 of 2025 dated 27.02.2025, whereby the application for waiver of the six months period to record second motion statement in petition under Section 13-B of the Hindu Marriage Act, 1955 has been dismissed.

2. Learned counsel for the petitioner-wife as well as the respondent-husband have jointly submitted that in the present case, a joint petition under Section 13-B of the Hindu Marriage Act was filed by the petitioner and the respondent for dissolution of marriage between the parties and in the said petition (Annexure P-2), it was stated that the marriage of the parties had taken place on 03.01.2022 and no child was born out of the same and that right from the beginning of the marriage, the nature and behavior of both the parties was different from each other and the relationship deteriorated and since 03.02.2022 both the parties have been residing separately. It was further averred that with the intervention of the relatives and panchayats, both the parties have arrived at a compromise to dissolve their marriage and that all the issues between the parties have been settled including the amount to be paid by one party to the other. It has further been decided between the parties that the parties will not file any case against each other.

3. It is pointed out that in support of the said petition, the first motion statement was recorded on 27.02.2025 and in the said statement, apart from reiterating the averments made in the petition under Section 13B, it was further stated that despite intervention of the relatives and respectables, the matter could not be reconciled as there were temperamental differences between the parties and thus, in spite of best efforts, the matter could not be settled. It is submitted that after recording the said statement, the matter was adjourned to 28.08.2025 and on 10.03.2025 an application was filed for waiving off statutory period. In the said application, it was stated that the marriage between the parties has irretrievably broken down and the efforts for reconciliation have been made but they are in vain and in spite of the intervention of the relatives and panchayats, both the parties are unwilling to live together as husband and wife and that no useful purpose would be served by making the parties wait any further and delay would only prolong their agony. It is submitted that however, the said application had been dismissed vide impugned order dated 08.04.2025. A joint prayer has been made that the present revision petition be allowed and the application dated 10.03.2025 be also allowed and the impugned order dated 08.04.2025 be set aside. In support of arguments, reliance has been placed upon the judgment of the Hon'ble Supreme Court in the case titled as ' Amit Kumar vs. Suman Beniwal ' Civil Appeal no.7650 of 2021 decided on 11.12.2021.

4. This Court has heard the learned counsel for the parties and has perused the paper book.

5. Section 13-B of the Hindu Marriage Act, which provides for divorce by mutual consent, requires that before filing a petition under the said provision, the parties should be residing separately for a period of one year or more. The said condition is met in the present case inasmuch as it is the admitted case of the parties, which is apparent from the pleadings and the submissions made before this Court that the parties have been residing separately since 03.02.2022 whereas the joint petition was drafted on 24.02.2025 i.e., after a period of more than three years of separation. The second condition which has been mentio