हिंदी में पढ़ने के लिए यहां क्लिक करें
Case Summary
| Citation | Amardeep Singh v. Harveen Kaur, 2017 |
| Keywords | Hindi Marriage Act, 13B Divorce by Mutual consent, Statutory 6 months period |
| Facts | The marriage between the Appellant and the Respondent was solemnized on 16th January 1994 in Delhi and were having two children in 1995 and 2003, respectively. They took decision to live separately in 2008, this decision lead to some civil as well as criminal proceedings between the parties. In order to resolve all such disputes, they finally arrived a settlement at with a decision of seeking divorce by mutual consent under sec 13(B)(2) of the Hindu Marriage Act,1955. Permanent alimony of Rs 2.75 crores was decided to give, towards which the part payment of Rs 50 lakh was already been handed over by the Appellant and the Court had granted the custody of the children to him. |
| Issues | |
| Contentions | |
| Law Points | Section 13B of the Hindu Marriage Act, 1955 for mutual divorce says there has to be a composite period of 18 months of separation – one year provided in section 13(B)(1) and six months in section 13(B)(2). The six months waiting period prescribed by law under sec 13(B)(2) is for the parties to resolve all their disputes and to give another chance to prevent their dissolution of marriage. In this case, the parties have sought a waiver of this statutory period of six months for the second motion on the ground that they have been living separately for the last over eight years and there is no possibility of their reunion and any further delay would only affect their chances of resettlement. Hence, they moved to the Supreme Court on the sole basis that the concerned Court can only relax the six months period given under sec 13(B)(2) of the Hindu Marriage Act,1955. Court, where it has been held that the period is directory and not mandatory. Where the court dealing with a matter is satisfied that a case is made out to waive the statutory period under section 13B (2); it can do so after considering the following: The statutory period of six months stated in section 13B (2) in addition to statutory period of one year under section 13B (1) of separation of parties is already over before the first motion itself; all efforts for mediation/conciliation in terms of O XXXII-A, rule 3 CPC/S. 23(2) HMA, section 9 Family Court Act to reunite have failed and there is no likelihood of success in that direction and parties have genuinely settled their differences including alimony, custody or any other pending issues. The waiting period will only prolong their agony. Case Authority Statutory waiting period of 6 months for mutual divorce under Section 13B of Hindu Marriage Act is not mandatory. |
| Judgment | |
| Ratio Decidendi & Case Authority |
