The Allahabad High Court has directed the Family Court to proceed with a mutual divorce petition under Section 13-B of the Hindu Marriage Act, 1955, despite the rejection of an application to waive the statutory cooling period. The Court held that the six-month cooling period had already elapsed, rendering the impugned order infructuous. The judgment emphasizes the need for expeditious disposal of such matters in light of the Supreme Court's dictum in Amardeep Singh v. Harveen Kaur.
Background & Facts
The Genesis
The petitioner, Sachin Kumar, was married to the respondent, Smt. Amlesh, on 23.05.2005 according to Hindu rites and customs. The marriage subsequently led to a matrimonial dispute, resulting in the parties living separately.
The Underlying Transaction
The parties filed a petition for mutual divorce under Section 13-B of the Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Sambhal at Chandausi. An application under Section 13-B(2) was also filed seeking waiver of the statutory cooling period of six months.
Procedural History
- 2022: Mutual divorce petition and application for waiver of cooling period filed before the Family Court.
- Impugned Order: The Family Court rejected the application for waiver of the cooling period.
- 26.09.2022: Office report indicated that notice issued to the respondent had not returned after service.
- 16.07.2026: Present writ petition filed before the Allahabad High Court under Article 227 of the Constitution of India.
The Parties' Positions
The petitioner sought the waiver of the cooling period, arguing that the statutory period had already elapsed. The respondent did not contest the petition before the High Court.
Relief Sought
The petitioner sought directions to the Family Court to proceed with the mutual divorce petition, despite the rejection of the waiver application, and to decide the matter expeditiously.
The Legal Issue
The central question was whether the Family Court was justified in rejecting the application for waiver of the cooling period under Section 13-B(2) of the Hindu Marriage Act, 1955, when the statutory period had already elapsed.
Arguments Presented
For the Petitioner
The petitioner relied on the Supreme Court's decision in Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746, which held that the cooling period is not mandatory in cases where the statutory period has already elapsed. The petitioner also cited the decision of the Allahabad High Court in Chinmayee Chatterjee v. Suvadip Chatterjee (Matters Under Article 227 No. 14522 of 2024) dated 03.12.2024, which emphasized the need for expeditious disposal of mutual divorce petitions.
For the Respondent
The respondent did not file any counter-affidavit or appear before the High Court to contest the petition.
The Court's Analysis
The Court examined the statutory framework under Section 13-B of the Hindu Marriage Act, 1955, which provides for mutual divorce by a decree of divorce being granted if the Court is satisfied that the petition is not being withdrawn by either party. The Court noted that Section 13-B(2) empowers the Court to waive the cooling period if it is satisfied that there is no chance of cohabitation between the parties.
The Court observed that the statutory period of six months had already elapsed as the application was moved in the year 2022. The impugned order rejecting the waiver application had, therefore, become infructuous. The Court relied on the Supreme Court's decision in Amardeep Singh v. Harveen Kaur, which held that the cooling period is not mandatory in cases where the statutory period has already elapsed. The Court also cited its own decision in Chinmayee Chatterjee v. Suvadip Chatterjee, which emphasized the need for expeditious disposal of such matters.
"The statutory period of six months has already elapsed as the application was moved in the year 2022. The order waiving off cooling period has practically become infructuous, as such, Principal Judge, Family Court, Sambhal at Chandausi is hereby directed to proceed with the petition filed under Section 13-B of Hindu Marriage Act and decide the same, in case it has not been decided till date, preferably within a period of two months from the date of production of certified copy of this order, keeping in mind the dictum of Hon'ble Apex Court rendered in case of Amardeep Singh vs. Harveen Kaur (2017) 8 SCC 746 as well as decision of this Court rendered in case of Chinmayee Chatterjee Vs. Suvadip Chatterjee (Matters Under Article 227 No. 14522 of 2024) dated 03.12.2024."
The Verdict
The writ petition was allowed. The Court set aside the impugned order rejecting the waiver application and directed the Principal Judge, Family Court, Sambhal at Chandausi to proceed with the mutual divorce petition and decide the same within two months from the date of production of the certified copy of the order. The Court also directed the Family Court to keep in mind the dictum of the Supreme Court in Amardeep Singh v. Harveen Kaur and its own decision in Chinmayee Chatterjee v. Suvadip Chatterjee.
What This Means For Similar Cases
Statutory Cooling Period Is Not Absolute
The judgment clarifies that the statutory cooling period under Section 13-B(2) is not mandatory in cases where the statutory period has already elapsed. Courts must consider the practical implications of the cooling period becoming infructuous.
Expeditious Disposal of Mutual Divorce Petitions
- Courts are directed to proceed with mutual divorce petitions expeditiously, especially when the cooling period has elapsed.
- The judgment emphasizes the need for timely disposal of such matters to avoid unnecessary litigation.
- Practitioners should cite this judgment when seeking directions for expeditious disposal of mutual divorce petitions under Section 13-B of the Hindu Marriage Act, 1955.
