Amardeep Singh vs Harveen Kaur - Supreme Court Important Judgment

 Amardeep Singh vs Harveen Kaur - Supreme Court Important Judgment 2017 - 


On 12th September, 2017, in the case of Amardeep Singh v. Harveen Kaur [Civil Appeal No.11158 of 2017], the question for consideration was whether the minimum period of six months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955 for a motion for passing decree of divorce on the basis of mutual consent is mandatory or can be relaxed in any exceptional situations. The Supreme Court held that “the period mentioned in Section 13B(2) is not mandatory but directory”, and “it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.”


It was held that “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: i) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself; ii) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts; iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties; iv) the waiting period will only prolong their agony.” It was further held that “the waiver application can be filed one week after the first motion giving reasons for the prayer for waiver” and “if the above conditions are satisfied, the waiver of the waiting period for the second motion will be in the discretion of the concerned Court.” 

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