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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Manvi – Appellant
Versus
Prateek Sawhney – Respondent
JUDGMENT :
Vikram Aggarwal, J. (Oral)
1. The present revision petition has been preferred against order dated 25.08.2025 (Annexure P-4), passed by the Court of Additional Principal Judge, Family Court, Panipat, vide which the application moved under Section 14 of the Hindu Marriage Act, 1955 (for short, 'HMA') was dismissed.
2. The facts, as emanating from the revision petition, are that a petition under Section 13-B of HMA was instituted by the parties seeking divorce by way of mutual consent. Marriage between the parties was solemnized as per Hindu rites on 30.01.2025. After living together and the marriage having been consummated, temperamental differences arose between the parties. Under the circumstances, a petition under Section 13-B of HMA (Annexure P-2) was filed for grant of divorce by way of mutual consent. The petition was accompanied by an application under Section 14 of HMA, seeking permission to file the petition within one year of the marriage and to waive of the mandatory period of one year.
3. By way of impugned order dated 25.08.2025, the application under Section 14 of HMA was dismissed, leading to the filing of the present revision petition.
4. Learned counsel for th
Advocates appeared :For the Appellant : Deepak Panjwani For the Respondent : Abhay Gupta
The mandatory one-year separation under Section 13B of the Hindu Marriage Act cannot be waived, ensuring compliance with statutory obligations in mutual divorce cases.
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....
(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 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....
Statutory requirement of separation for one year prior to divorce petition was satisfied despite initial dismissal.
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.
Divorce by mutual consent – Relaxation of minimum statutory period is permissible in cases of exceptional hardship to appellant or of exceptional depravity on part of respondent.
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