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 up today on an application for waiving off the cooling on the application seeking waiver of statutory period for six months Section 13-B(2) of HMA. Learned counsel submitted that the petitioners are living since 16.04.2024 and there is no possibility of their reuniting and moreover both the want to remarry as soon as possible and to start their life afresh. However perusal of the record reveals that the parties were married on [27.02.2014] and one male child was born out from this wedlock on 14.12.2014. In view of the long duration of the [marriage] and the fact that the child has been born from the said wedlock this Court is of the opinion that the parties should not be permitted to hastily [dissolve] the marriage. The presence of a minor child necessitates a cautious approach as this Court is under an obligation to the welfare and best interest of the child. No exceptional urgency or circumstances has been shown warranting waiver of the statutory period. Accordingly the application seeking waiver thereof is hereby dismissed.”

4. Hon’ble Supreme Court in 2017 (4) RCR (Civil) 608 titled ‘Amardeep Singh Vs. Harveen Kaur’, has held that where the Court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13B (2), it can do so after considering factors including whether the statutory period of separation is already over before the first motion, whether mediation has failed, and whether the waiting period will only prolong the agony of the parties. However, Hon’ble Supreme Court in Law Finder DOC Id # 2849970 titled ‘Misha Somani Vs. Rituraj Somani’, while interpreting judgment reported as (2023) 17 SCC 648 titled ‘Amit Kumar Vs. Suman Beniwal’, has held that the conditions mentioned in the judgment of Amardeep Singh’s case (supra) are illustrative and not exhaustive. If the marriage has irretrievably broken down, the spouses have been living apart for a long time and there is no possibility of reconciliation, the waiting period can be waived to avoid prolonging the agony.

5. In the present case also, the learned Family Court has rejected the application for waiving of the said period with the observations that no exceptional urgency was shown and that the long duration of marriage and presence of a minor child necessitated a cautious approach. Such finding and observations of the learned Family Court are, thus, contrary to the law laid down by the Hon’ble Supreme Court in Amit Kumar’s case (supra) and Misha Somani’s case (supra) The record indicates the parties have been living separately since 16.04.2024 and they have settled all issues regarding permanent alimony and custody of the minor child and there is no chance of reconciliation and learned Family Court ought to have exercised its discretion in waivi