Amardeep Singh v Harveen Kaur

Facts

• The parties had been living separately for over eight years and had mutually agreed to divorce. They filed a joint petition under S.13B of the Hindu Marriage Act. After the first motion, the six-month statutory period had to elapse before the second motion could be filed. The parties sought waiver of this period, arguing that no purpose would be served by further delay.

Issue

1. Whether the six-month cooling-off period prescribed by S.13B(2) is mandatory (cannot be waived under any circumstances) or directory (court has discretion to waive it in appropriate cases).

Held

• The statutory provision in S.13B(2) that "not less than six months" must elapse is directory, not mandatory. The object of the cooling period is to give parties time to reconsider and prevent hasty dissolution. Where it is clear that reconciliation is impossible (as evidenced by prolonged separation, settled terms, and genuine mutual consent), insisting on the waiting period serves no useful purpose and only prolongs distress. The Supreme Court has inherent power under Article 142 to do complete justice, which includes waiving the cooling period. Family courts and High Courts also have this power in exercise of their jurisdiction.

Ratio Decidendi

The six-month cooling period in S.13B(2) is directory and may be waived by the court where: (1) the statutory period of one year of separation under S.13B(1) is satisfied; (2) all issues including alimony, custody, and property are settled; (3) there is no possibility of reconciliation; and (4) waiting would cause further hardship without serving the statutory purpose.