Advocates:
For the Appellants/Petitioners: Mr. Rajshekhar Rao, Ms. Aashna Chawla, Mr. Ajay Sabharwal, Mr. Wamic Wasim Nargal, Mr. Zahid Laiq Ahmed
For the Respondents: Mr. Saurabh Kansal, Mr. Raghav Vij, Mr. Suraj Kumar, Ms. Ritul Sharma, Mr. Pratham Malik

Key Points: - The 01-year period under Section 13B(1) can be waived by invoking the proviso to Section 14(1) of the HMA. (!) (!) - Waiver of the 01-year period does not automatically preclude waiving the 06-month cooling-off period under Section 13B(2); both waivers are independent and can be granted conjointly or separately. (!) (!) - The court may entertain first motion before completion of 01-year separation if exceptional hardship or exceptional depravity is shown, tested against factors outlined in Pooja Gupta and Amardeep Singh/Amit Kumar lineage. (!) (!) (!) (!) - Shilpa Sailesh clarifies that Section 13B powers are unfettered by 13B provisions when substantive conditions are met, influencing the waiver landscape. (!) (!) - Sankalp Singh historically held that 01-year period could be waived but with the second motion/decree contingent on 01-year completion; the present judgment overrules to allow decree even before 01-year if conditions are met. (!) (!) - The judgment enumerates that the court may grant a divorce by mutual consent with immediate effect if waivers are justified and misrepresentation is not involved. (!) (!) - The decision follows Amardeep Singh, Amit Kumar, Shilpa Sailesh, and Amit Kumar lineage to expand discretionary power to waive timelines. (!) (!) (!) (!)

How to waive the one-year separation period under Section 13B(1) of the Hindu Marriage Act (HMA) using the proviso to Section 14(1)?

What is the effect of waiving the 01-year period on the 06-month cooling-off period under Section 13B(2) of the HMA?

What are the circumstances and indicia required for exercising discretion to grant a divorce by mutual consent before full statutory timelines under the HMA?