The six-month waiting period prescribed under Section 13B of the Hindu Marriage Act, 1955, is directory and not mandatory. The court has the power to waive the waiting period in exceptional circumstances, such as when the parties have been living separately for a long time, have no chance of reconciliation, and have mutually and voluntarily agreed to dissolve the marriage.

A.R. Tiwari, J.

1. Intially the correctness of the decree of divorce passed by IT? Additional Judge to the Court of District Judge, Ujiain in H.M. Case No. 54-A of 89 on 27th Nov., 1990 on the ground of cruelty in terms of Section 13 of the Act was under challenge in this appeal presented under Section 28 of the Hindu Marriage Act, 1955 (for short, 'the Act') joint prayer for decree of divorce on mutual consent in terms of Section 13B of the Act has, however, materially altered the complexion of the controversy.

2. Facts are jajune, Parties were married on 22-11-81 according to vedic rites at Mandasur. The appellant came to the matrimonial home on 23-11-81 and stayed there till 13-12-81, On 14-12-81 she returned to parental home. During the sojourn between 23-11-81 and 13-12-81, the appellant denied consummation on the marriage and resisted cohabitation on the pretaxt that she suffered from the ailment of bleeding and was unfit for sexual intercourse. The respondent was in service at Vidisha. It was also pleaded that the appellant desired to marry someone else and invariably delivered threat to commit suicide on protest. She wrote letters marked as Exh. P/3 to P/6 disclosing her desire to snap the relationship. The appellant denied the allegation emphatically. She pleaded that she was cajoled to pen letters under the influence of liquor which she was compelled to consume. She claimed that her husband indicated disapproval of the marriage and exhibited repulsion. She was categorised as a 'mad' girl. It was asserted that she was never cruel and on the other hand, she was treated with cruelty on account of unsatisfied demand of dowry. It was also stated that the husband had contracted marriage with another woman and had voluntary sexual intercourse with her. She also denied allegations of plan of marriage and threat about suicide.

3. On evaluation of evidential material in juxtaposition of surrounding circumstances the learned trial Judge through elaborate judgment running into 84 paras, concluded that the husband was entitled to obtain decree of divorce on the ground of cruelty. The defence-plea of another marriage was negatived.

4. The appellant, dissatisfied by the verdict, has presented this appeal.

5. The endeavour to bring about reconciliation turned acarpous. But on the date of hearing (21st Oct. 1993) the parties attended the Court in person with their respective Counsel and the appellant presented an application (IA No. 5882/93) praying for dislodgement of decree on cruelty and instead for granting decree of divorce by mutual consent in terms of Section 13B of the Act. The respondent husband promptly consented. Parties also agreed to delink questions of permanent alimony and maintenance as permissible under Section 25 and disposal of property as permissible under Section 27 of the Act and leave the same for being agitated in other appropriate proceedings. These facts were recorded in the proceedings which are signed by the parties as proof of mutual consent for divorce and delinkage.

6. I have heard Smt. Shubda Waghmare learned Counsel for the appellant and Shri Harbhajanka learned Counsel for the respondent as also the parties.

7. In 1985, the respondent was of 31 years of age and the appellant in 1986 was of 23 years of age. This meant that by now one is of 39 years and the other is of 30 years. Qualification wise, the appellant is M.A. whereas the respondent is M.Sc., M.Phil, Ph.D. yet age and aptitude could do nothing to bring about union.

8. It is noticed that he marriage is irretrisevably broken. The husband petitioned on 5-5-1982. The matter continued to hibernate for about 11 years. And even this long gap did not inspire the parties to own a mood a accept each other and to learn to live on the principle of 'forgive and forget'.

9. At times, course of life becomes destined to play a very cruel role. It gives torture, not rapture; tears, not cheers: problems not pleasure; frustration; not finaness. Was Montaige righ