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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Jaspreet Kaur – Appellant
Versus
Anmoljot Singh – Respondent
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 panchayat
The statutory waiting period under Section 13-B of the Hindu Marriage Act can be waived if irretrievable breakdown of marriage is established.
The waiting period under Section 13B(2) of the Hindu Marriage Act is not mandatory but directory, and the court has the discretion to waive it based on the facts and circumstances of each case.
The irretrievable breakdown of marriage and the parties' amicable decision to part ways can warrant the waiver of the statutory period for mutual consent divorce.
The statutory waiting period for divorce by mutual consent under the Hindu Marriage Act can be waived if there is no possibility of reconciliation and prolonged waiting would only cause additional di....
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 waiver of the statutory waiting period under Section 13B(2) of the Hindu Marriage Act requires a proper application and cannot be granted automatically.
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