REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 11158 OF 2017

(Arising out of Special Leave Petition (Civil)No. 20184 of 2017)

Amardeep Singh

…Appellant

Versus

Harveen Kaur

…Respondent

J U D G M E N T

ADARSH KUMAR GOEL, J.

1.

The question which arises for consideration in this appeal is

whether the minimum period of six months stipulated under

Section 13B(2) of the Hindu Marriage Act, 1955 (the Act) for a

motion for passing decree of divorce on the basis of mutual

consent is mandatory or can be relaxed in any exceptional

situations.

1

Digitally signed by

SWETA DHYANI

Date: 2017.09.12

16:23:52 IST

Reason:

Signature Not Verified

2.

Factual matrix giving rise to this appeal is that marriage

between the parties took place on 16^th January, 1994 at Delhi.

Two children were born in 1995 and 2003 respectively. Since

2008 the parties are living separately. Disputes between the

parties gave rise to civil and criminal proceedings. Finally, on 28^th

April, 2017 a settlement was arrived at to resolve all the disputes

and seeks divorce by mutual consent. The respondent wife is to

be given permanent alimony of Rs.