Court Empowers Family Court to Expedite Divorce Proceedings Under Section 13B of Hindu Marriage Act
In a significant ruling, the Gujarat High Court has allowed the waiver of the mandatory six-month cooling-off period in cases of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. The Division Bench, comprising Justices Ms. Sangeeta K. Vishen and Nisha M. Thakore, emphasized that the cooling-off period is directory, not mandatory, granting the Family Court the discretion to waive it if certain conditions are met.
The case in question involved Aarati and her estranged spouse, who filed for mutual divorce after living separately for over a year. The Family Court in Ahmedabad had initially rejected their application on the grounds that the cooling-off period is essential for reconciliation efforts and that no waiver application was filed. However, the High Court observed that strict adherence to this period could prolong the agony of parties who are already living apart and have settled all ancillary issues such as alimony and custody.
The court referred to the Supreme Court's precedent in "Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746", which allows for the waiver of the cooling-off period if it serves no purpose and only extends the suffering of the parties. The High Court noted that the parties had been living separately since January 2024 and had agreed to pursue careers in different countries, making reconciliation improbable.
The High Court remanded the case back to the Family Court with instructions to reconsider the application, allowing the parties to file a waiver request. The Bench highlighted that the waiver application could be submitted one week after the first motion if the parties demonstrate that reunion is impossible and the waiting period would only exacerbate their distress.
This ruling underscores the judiciary's flexibility in interpreting statutory provisions to prevent unnecessary delays in resolving matrimonial disputes, aligning with the evolving social context and the interests of justice.
Bottom Line:
Section 13B of the Hindu Marriage Act, 1955 - Cooling-off period for mutual consent divorce is directory, not mandatory - Court empowered to waive the cooling-off period if specific conditions are met.
Statutory provision(s): Section 13B of the Hindu Marriage Act, 1955
