Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
............ – Appellant
Versus
............ – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR, J.
1. This revision petition has been instituted under Article 227 of the Constitution of India for quashing/setting aside the order dated 19.03.2026 (Annexure P-4), vide which the application dated 19.03.2026 (Annexure P-3), jointly moved by the parties seeking waiver of the statutory period under Section 13-B(2) of the Hindu Marriage Act, 1955, has been rejected in a petition under Section 13-B of the Hindu Marriage Act, 1955, for dissolution of marriage by mutual consent.
2. I have heard learned counsel for the parties and have gone through the material placed on the file.
3. A perusal of the record shows that a petition under Section 13-B of the Hindu Marriage Act, 1955 for grant of divorce by way of mutual consent was jointly moved by the parties on 18.12.2025 (Annexure P-1) and their first motion statements were recorded on 29.01.2026. On 19.03.2026, the parties moved an application for waiving off the period of six months for recording the statements of the parties for second motion and to grant a decree of divorce at the earliest. The same has been rejected by the Family Court, Kurukshetra and the following order has been passed:-
“File taken u
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....
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, 1955 is directory, allowing courts to waive it when reconciliation is unlikely and parties are educated.
The court has the discretion to waive the six months waiting period for divorce by mutual consent if certain conditions are fulfilled.
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 statutory period under Section 13-B(2) of the Hindu Marriage Act, 1955, based on the fulfillment of specific conditions as outlined by the Hon’ble Supreme Co....
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 period mentioned in Section 13-B(2) of the Hindu Marriage Act, 1955 is not mandatory but directory, and the court has the discretion to waive the waiting period based on the facts and circumstanc....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
