LawforAll

advocatemmmohan

My photo
since 1985 practicing as advocate in both civil & criminal laws. This blog is only for information but not for legal opinions

Just for legal information but not form as legal opinion

WELCOME TO MY LEGAL WORLD - SHARE THE KNOWLEDGE

Saturday, July 25, 2026

Hindu Marriage Act, 1955 – Section 13-B(2) – Divorce by mutual consent – Family Court refused to advance the mutual consent divorce petition and declined to waive the statutory six-month cooling-off period on the ground that the period was mandatory and intended to facilitate reconciliation – parties had been living separately for more than one year – all matrimonial disputes, including permanent alimony, custody and welfare of the minor child, property settlement and withdrawal of criminal cases, had been amicably and voluntarily settled – Held, the six-month cooling-off period prescribed under Section 13-B(2) is directory and not mandatory – where the parties have genuinely resolved all their disputes, there is no possibility of reconciliation, and the object of the cooling-off period already stands achieved, insistence on waiting would only prolong their agony – the conditions laid down by the Supreme Court in Amardeep Singh v. Harveen Kaur, AIR 2017 SC 4417 and Amit Kumar v. Suman Beniwal, (2023) 17 SCC 648, stood fully satisfied – order of the Family Court set aside – Family Court directed to take up the petition forthwith and pass appropriate orders for dissolution of marriage by mutual consent in accordance with law – Civil Revision Petition allowed. (2026: APHC: 21296).

 Hindu Marriage Act, 1955 – Section 13-B(2)Divorce by mutual consent – Family Court refused to advance the mutual consent divorce petition and declined to waive the statutory six-month cooling-off period on the ground that the period was mandatory and intended to facilitate reconciliation – parties had been living separately for more than one year – all matrimonial disputes, including permanent alimony, custody and welfare of the minor child, property settlement and withdrawal of criminal cases, had been amicably and voluntarily settled – Held, the six-month cooling-off period prescribed under Section 13-B(2) is directory and not mandatory – where the parties have genuinely resolved all their disputes, there is no possibility of reconciliation, and the object of the cooling-off period already stands achieved, insistence on waiting would only prolong their agony – the conditions laid down by the Supreme Court in Amardeep Singh v. Harveen Kaur, AIR 2017 SC 4417 and Amit Kumar v. Suman Beniwal, (2023) 17 SCC 648, stood fully satisfied – order of the Family Court set aside – Family Court directed to take up the petition forthwith and pass appropriate orders for dissolution of marriage by mutual consent in accordance with law – Civil Revision Petition allowed. (2026: APHC: 21296).