Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Del) 10765

IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, Anup Jairam Bhambhani, RENDU BHATNAGAR, JJ
SHIKSHA KUMARI – Appellant
Versus
SANTOSH KUMAR – Respondent
MAT.APP.(F.C.) 111/2025

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

The one-year separation requirement under Hindu Marriage Act can be waived at the discretion of courts, allowing petitions for divorce by mutual consent before completion of the period, provided exceptional circumstances exist.

Headnote:(A) Hindu Marriage Act, 1955 - Sections 13B(1) and 14(1) - Divorce by mutual consent - The court addressed the timeline for the presentation of a petition for divorce under section 13B(1) and whether the one-year separation requirement can be waived. The interpretation of the section was clarified based on previous judgments, affirming that the one-year period is subject to waiving under exceptional circumstances, thus enabling the court to entertain a petition even before the completion of one year. (Paras 1-57)

(B) Legal assessment - The court held that the expiration of required periods is not absolute if adequate reasons are substantiated, allowing flexibility for granting divorce based on mutual consent for parties who meet substantial conditions. Reaffirmation on the need for courts to exercise discretion was made, ensuring the legislative intent is not undermined while safeguarding the rights of individuals involved. (Paras 24-57)

(C) Judicial overview - The evolution of the legal landscape surrounding marital separations and waivers in the context of mutual consent divorces was comprehensively analyzed, emphasizing the necessity for a nuanced approach to uphold human dignity and personal choices. (Paras 18-23)

Facts of the case:
This case was referred after a Division Bench's observation required reconsideration of the interpretation regarding the one-year separation period under the Hindu Marriage Act and its relation to filing for divorce by mutual consent, raising the need for clarity on exceptional hardship and how timelines in divorce proceedings are applied. (Paras 1-7)

Findings of Court:
The court found that the one-year separation requirement under Section 13B(1) may be waived at the discretion of the Family Court or High Court, provided exceptional hardship conditions are demonstrated. The separation period serves legislative purposes but must not hinder necessary proceedings for parties wishing to separate. (Paras 24-57)

Issues: The main legal question was whether the statutory requirement of one year for filing a mutual consent divorce could be waived before its expiry under specified conditions of hardship as outlined in Section 14 of the Act. (Paras 2-5)

Ratio Decidendi: The court ruled that while the one-year separation period is mandated by Section 13B(1), it may be waived under the provisions of Section 14(1) given that exceptional circumstances exist, thereby enabling courts to grant divorces when the substantive conditions are fulfilled without a mandatory waiting period. This reflects a flexible judicial interpretation aimed at mitigating undue hardship while respecting the essential elements of marital relationships. (Paras 24-56)

Result: The court concluded that petitions could be entertained even before the 01-year separation under Section 13B(1) of the HMA, clarifying that the 06-month period of waiting before the second motion could also be waived. The reference was answered affirmatively in favor of granting flexibility in the law regarding mutual consent divorces. (Paras 57-59)

Judgement Key Points

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?

Table of Content
1. court's reference of legal questions on divorce by mutual consent. (Para 1 , 2 , 3)
2. explanation of section 13b and 14 of the hma regarding divorce. (Para 4 , 5 , 6)
3. supreme court requirements for divorce under section 13b. (Para 8 , 9 , 10 , 12)
4. arguments for waiver of the one-year separation requirement. (Para 20 , 21 , 37)
5. clarification on waiving the one-year period for divorce. (Para 25 , 30 , 34)
6. conclusions on waiver of separation periods under hma. (Para 57 , 58 , 59)

JUDGMENT

ANUP JAIRAM BHAMBHANI, J.

Is a court mandated to stall divorce by mutual consent, thrusting unwilling parties – not into marital bliss, but into a matrimonial abyss?

The present reference arises from judgment dated 22.04.2025 rendered by a Division Bench of this court in MAT.APP. (F.C.) No. 111/2025, concerning the timeline prescribed for the presentation of a petition for divorce by mutual consent under section 13B(1) of the Hindu Marriage Act, 1955 (" HMA "). Having regard to the view taken by an earlier Division Bench of this court in Sankalp Singh vs. Prarthana Chandra , 2013 SCC OnLine Del 855 the Division Bench in the present matter has observed that the interpretation adopted in Sankalp Singh may warrant reconsideration.

2. In light of the divergent opinion that the Division Bench was inclined to express in its judgment dated 22.04.2025, it has formulated specific questions of law and requested Hon‘ble the Chief Justice to place the matter before a Full Bench of this court for authoritative determination. The legal questions referred to the Full Bench read as follows:

"(a) Whether a petition under Section 13B (1) of the Hindu Marriage Act can be filed by the parties before completing the period of separation of one year?;

(b) If the answer to the above question is in the affirmative, whether the period of six months between the presentation of the First Motion under Section 13B (1) of the Hindu Marriage Act and the Second Motion under (2) of the Hindu Marriage Act, can be waived off by the learned Court even though the parties have not been living separately for more than one year on the date when such waiver is prayed for?"

3. To get the context of the issue involved, the text of section 13B of the HMA may be noticed :

13B. 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 (68 of 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 petition 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 decree.

(emphasis supplied)

4. Also relevant for purposes of the present proceedings is section 14 of the HMA , which reads as follows :

14. No petition for divorce to be presented within one year of marriage.—(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage:

Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, al

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