The waiting period of six months contemplated under Section 13-B of the Hindu Marriage Act, 1955 is as mandatory as the other conditions prescribed for obtaining a divorce by mutual consent. Explain the statement with support of case law.

Question: The waiting period of six months contemplated under Section 13-B of the Hindu Marriage Act, 1955 is as mandatory as the other conditions prescribed for obtaining a divorce by mutual consent. Explain the statement with support of case law.

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Answer

Section 13-B of the Hindu Marriage Act, 1955, provides for divorce by mutual consent. This section requires that the parties to the marriage should have been living separately for a period of not less than one year before presenting a joint petition for divorce. Additionally, it mandates that the parties should have been unable to live together and have mutually agreed to dissolve the marriage.

The section further stipulates that the petition for divorce by mutual consent cannot be presented before the expiry of six months from the date of marriage. This waiting period is intended to provide the parties with a cooling-off period to reconsider their decision and explore the possibility of reconciliation.

In the case of Amardeep Singh v. Harveen Kaur (2017), the Supreme Court of India examined the significance of the six-month waiting period under Section 13-B of the Hindu Marriage Act. The Court held that the waiting period was mandatory and cannot be waived by the court. The court observed that the waiting period was an essential requirement for ensuring that the decision to dissolve the marriage was not taken in haste or under any undue influence. The court emphasized that the waiting period was in the interest of both parties and that it should be strictly adhered to.

In another case Anil Kumar Jain v. Maya Jain (2009), the Delhi High Court held that the six-month waiting period under Section 13-B was a mandatory requirement and that the court could not grant a divorce before the expiry of the period. The court observed that the waiting period was intended to provide the parties with an opportunity to reflect on their decision and explore the possibility of reconciliation.

The waiting period of six months under Section 13-B of the Hindu Marriage Act is as mandatory as the other conditions prescribed for obtaining a divorce by mutual consent. The waiting period is intended to provide the parties with a cooling-off period to reconsider their decision and explore the possibility of reconciliation. The courts have held that the waiting period is a mandatory requirement and cannot be waived by the court.

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