Topic
Divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, allows spouses to dissolve marriage jointly after a mandatory cooling-off period, subject to court discretion.
A never-consummated marriage with 84 days’ separation and a MOU settlement showing no reconciliation amounts to exceptional hardship, permitting waiver of the one-year period under HMA Sec 14(1) for an immediate divorce petition, as held by Delhi HC.
The Supreme Court exercised its Article 142 powers to grant a mutual consent divorce, ordering the husband to pay ₹35 lakh alimony in two installments and to quash all existing criminal and civil cases between the parties. This ruling showcases the Court’s ability to deliver complete justice in matrimonial disputes while preventing further litigation.
Chhattisgarh High Court held that continuation of prosecution under Section 498A IPC serves no purpose once parties execute a mutual settlement and obtain a divorce decree. The ruling reinforces that matrimonial disputes resolved amicably warrant quashing of criminal proceedings to prevent abuse of process.
The Madhya Pradesh High Court ruled that the six-month cooling period under Section 13-B of the Hindu Marriage Act is directory, not mandatory, when parties have lived separately since marriage with no possibility of reconciliation. The court emphasized judicial discretion in waiving the period where marital cohabitation never commenced, reinforcing flexibility in mutual consent divorces for 'non-starter' marriages.
Madhya Pradesh High Court rules that the six-month cooling period under Section 13-B of the Hindu Marriage Act is directory, not mandatory, and may be waived where the marriage has irretrievably broken down with no scope for reconciliation. The decision underscores judicial discretion in mutual consent divorces, particularly where parties have settled all disputes and cohabitation is impossible.
MP High Court rules that waiver of the 6-month cooling-off period under Section 13-B of the Hindu Marriage Act requires a specific, explicit application before the Family Court. Mere inference or urgency pleas are insufficient. The Court directed parties to file a formal application within 15 days, aligning with Supreme Court rulings in Amit Kumar and Amardeep Singh. This decision reinforces procedural compliance for divorce by mutual consent, impacting litigants and practitioners in matrimonial disputes.
The Madras High Court ruled that the six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act is directory, not mandatory, and can be waived where reconciliation is impossible. Courts must consider separation duration, failed mediation, and settlement of issues to avoid prolonged agony for parties seeking divorce by mutual consent.