2026:CGHC:2429-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 230 of 2025 Yogesh Miri S/o Hira Ram Miri Aged About 24 Years R/o Village- Khapridih Police Station Gidhori District- Balodabazar-Bhatapara (C.G.)

... Appellant versus Roshni Sanjay W/o Yogesh Miri Aged About 19 Years R/o Village-

Chhikhali Police Station - Pusore District- Raigarh (C.G.)

... Respondent(s)

For Appellant : Mr. Sanjay Agrawal, Advocate For Respondent(s) : Mr. Anchal Kumar Matre, Advocate Hon’ble Shri Justice Sanjay K. Agrawal Hon’ble Shri Justice Arvind Kumar Verma Judgment on Board (15.01.2026)

Sanjay K. Agrawal, J.

1. This appeal has been preferred against the judgment and decree dated 11.06.2025 passed by learned Principal Judge, Family Court, Balodabazaar, District- Balodabazaar-Bhatapara (C.G.) in Civil Suit no. 84A/2024, whereby the application preferred under Section 13(1) of Hindu Marriage Act, 1955 for dissolution of marriage on the ground of cruelty was dismissed.

2. The marriage between the parties took place on 03.05.2023 as per Hindu Law and Customs in Village Chhikhali, Police Station- Pusore, District- Raigarh (C.G.), thereafter they could not continue with the marital relationship, and eventually an application preferred by the appellant herein under Section 13(1) of the Hindu Marriage Act for dissolution of marriage was dismissed by the learned family Court.

3. Learned counsel for the parties submit that the matter was referred to the mediation center of this Court, and the mediation has been successfully completed. The parties have arrived at a compromise on 26.11.2025, on certain terms and conditions, and have filed an application (I.A. No. 01/2026) under section 13(B) of Hindu Marriage Act, 1955 for grant of mutual divorce, along with an application (I.A. No. 02/2026) to waive the cooling off period of six months. It is further submitted that, as per the settlement, the appellant herein has already paid an amount of Rs. 9,00,000/- (Rupees Nine Lakhs Only) to the respondent/wife, which she admits to have received.

4. We have heard learned counsel for the parties and perused the application under Section 13(B) of the Hindu Marriage Act.

5. It is not in dispute that the parties are living separately since

19.02.2024 and the chances of reconciliation do not exist. The application under Section 13(B) of Hindu Marriage Act has been filed before this Court on 14.01.2026 along with the application to waive the cooling-off period of six months which is supported by an affidavit. In this context, the text of Section 13-B of the Hindu Marriage Act would be relevant here and quoted below:

13-B. Divorce by mutual consent.-- (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the period is not withdrawn in the meantime, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the divorce.”

6. The Supreme Court in a case law reported in (2017) 7 SCC page

746- Amardeep Singh Vs. Harveen Kaur has held that in the year 1976, the concept of divorce by mutual consent was introduced and however, Section 13-B(2) contains a bar to divorce being granted before six months of