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2021 Supreme(SC) 940

INDIRA BANERJEE, J. K. MAHESHWARI
Amit Kumar – Appellant
Versus
Suman Beniwal – Respondent


Advocates appeared:
For the Petitioner(s):Vikram Hegde, Shantanu Lakhotia, Advocates
For the Respondent(s):Yash Sinha, Ayushi Rajput, Rangoli Seth, Prateek K Chadha, Shashank Ratnu, Advocates

Judgement Key Points

Key Points: - The Court waives the six-month waiting period under Section 13B(2) of the Hindu Marriage Act in appropriate circumstances (!) (!) (!) (!) . - The Amardeep Singh factors (length of marriage, duration of separation, attempts at reconciliation, settlement terms, and necessity to avoid prolonged agony) guide the discretion to waive the waiting period (!) (!) (!) (!) (!) . - Article 142 can be invoked to grant a decree of divorce by mutual consent and to set aside the statutory waiting period in cases where irretrievable breakdown is established and waiting would prolong agony (!) (!) . - The judgment emphasizes that a prior six-month requirement under Section 13B(2) is directory, not mandatory, and should be applied flexibly based on case facts (!) (!) . - The specific case involved educated, high-profile spouses who separated shortly after marriage and pursued mutual consent divorce after over a year of separation, leading to waiver and grant of divorce (!) (!) (!) (!) .

What is the procedure to waive the statutory six-month waiting period under Section 13B(2) of the Hindu Marriage Act?

What factors may be considered by courts under Article 142 to grant a divorce by mutual consent without the six-month waiting period?

What is the effect of a judgment under Article 142 on Section 13B of the Hindu Marriage Act as applied in cases of irretrievable breakdown?


JUDGMENT :

Indira Banerjee, J.

Leave granted.

2. This appeal is against a judgment and order dated 17th November 2021 passed by the High Court of Punjab and Haryana dismissing the Civil Revisional Application being CRA No. 2537/2021(O&M) filed by the Appellant against an order dated 12th October 2021 passed by the Family Court, Hissar, refusing the prayer of the Appellant and the Respondent, to waive the requirement under Section 13B(2) of the Hindu Marriage Act, 1955 to make the motion for a decree of divorce after at least six months from the date of filing the petition for divorce by mutual consent under Section 13B(1) of the said Act.

3. The Appellant and the Respondent, both of whom are educated and well placed in life (the Appellant being an IPS officer and the Respondent an IFS officer), were married according to Hindu rites on 10th September 2020. Admittedly, on account of irreconciliable differences, the Appellant and Respondent separated on 13th September 2020, that is, precisely three days after marriage.

4. On or about 30th September 2021, after over one year of separation, the Appellant and the Respondent filed a petition in the Family Court under Section 13B of the Hindu M

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