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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Shiv Shankar – Appellant
Versus
Manisha Aneja @ Jaspreet Kaur – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
1. Present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 21.01.2025 passed by the Principal Judge, Family Court, Zira whereby the application filed by the petitioner as well as the respondent to waive off six months period for recording statement of second motion has been dismissed.
2. Learned counsel appearing for the petitioner/husband and the respondent/wife 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. In the said petition, it was stated that the marriage between the parties had taken place on 28.11.2019 and since July, 2020, both the parties had been residing separately and there was absolute dead lock between the two parties as there were temperamental differences. It was further specifically stated that the respectables of both the sides tried their level best to arrive at a compromise but there was no hope between the parties to live together and thus, the parties have decided to take divorce and it was also stated that there is no issue between the pa
The statutory waiting period under Section 13-B of the Hindu Marriage Act can be waived if irretrievable breakdown of marriage is established.
The six-month waiting period under Section 13B(2) of the Hindu Marriage Act is directory, allowing courts discretion to waive it based on case-specific circumstances.
The statutory waiting period under Section 13-B of the Hindu Marriage Act is directory, allowing courts to waive it based on circumstances, particularly when there is no chance of reconciliation.
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.
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 irretrievable breakdown of marriage and the parties' amicable decision to part ways can warrant the waiver of the statutory period for mutual consent divorce.
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