Hindu Marriage Act, 1955 — Section 13-B(2) — Mutual consent divorce — Cooling-off period — Waiver.
(A) Hindu Marriage Act, 1955, S.13-B(2) — Divorce by mutual consent — Six months' cooling-off period — Nature of provision — Directory and not mandatory.
The period of six months prescribed under Section 13-B(2) is not mandatory but directory. The Family Court possesses discretion to waive the said period where the parties have been living separately for a considerable period, have settled all their disputes, and there is no possibility of reconciliation. (Paras 9 to 12)
Amardeep Singh v. Harveen Kaur, AIR 2017 SC 4417; Amit Kumar v. Suman Beniwal, (2023) 17 SCC 648, followed.
(B) Hindu Marriage Act, 1955 — S.13-B — Waiver of cooling-off period — Complete settlement between parties — Permanent alimony — Child welfare — Property settlement — Criminal proceedings — Effect.
Where husband and wife amicably settled all inter se disputes including permanent alimony, welfare of minor child, distribution of properties and withdrawal of criminal proceedings, and consciously decided to part ways, insistence upon completion of the statutory period would serve no useful purpose and would merely prolong the agony of the parties. (Paras 10 to 12)
(C) Family Courts — Mutual consent divorce — Advancement petition — Rejection by Family Court — Legality.
Family Court dismissed application for advancement of hearing solely on the ground that six months' cooling-off period had not expired and that mediation before expiry of such period would defeat the object of the statute. Held, the approach was erroneous in view of the law laid down by the Supreme Court that the period is directory and can be waived in appropriate cases. (Paras 4, 9 to 12)
(D) Constitution of India — Article 227 — Supervisory jurisdiction — Interference with interlocutory order of Family Court.
High Court, in exercise of supervisory jurisdiction under Article 227, can interfere where the subordinate Court refuses to exercise jurisdiction vested in it or ignores binding precedents governing the exercise of discretion. Order dismissing application for advancement was liable to be set aside. (Paras 9 to 13)
A. Hindu Marriage Act, 1955 — Section 13-B(2) — Waiver of cooling-off period — Conditions.
The object of Section 13-B(2) is to provide an opportunity for reconciliation and reconsideration. Once the parties have remained separately for a substantial period, all disputes stand settled and the marriage has irretrievably broken down with no possibility of reunion, continuation of the waiting period becomes an empty formality. (Paras 11 and 12)
B. Matrimonial Law — Mutual consent divorce — Irretrievable breakdown of marriage.
Law does not insist upon preservation of a dead marriage where the matrimonial relationship has completely broken down and the parties voluntarily seek dissolution after settling all ancillary disputes. (Para 11)
Held:
The impugned docket order passed by the Family Court refusing advancement of the matter solely on the ground of non-completion of six months' period was set aside. The Family Court was directed to take up the petition and pass appropriate orders for dissolution of marriage by mutual consent in accordance with law expeditiously. (Para 13)
Cases Referred:
- Amit Kumar v. Suman Beniwal
- Amardeep Singh v. Harveen Kaur
Ratio Decidendi:
The six months' cooling-off period prescribed under Section 13-B(2) of the Hindu Marriage Act is directory and not mandatory. Where parties have genuinely settled all disputes and there exists no possibility of reconciliation, the Family Court possesses discretion to waive the period, and refusal to exercise such discretion contrary to settled law warrants interference under Article 227 of the Constitution.
Relief:
Civil Revision Petition Allowed.
Impugned order set aside.
Family Court directed to advance the matter and dispose of the mutual consent divorce petition expeditiously.
