In a recent judgment, the Delhi High Court addressed the application for waiving the statutory six-month cooling-off period in mutual divorce cases. The case, filed as MAT.APP.(F.C.) 352/2023, involved an appeal against the order of the Principal Judge, Family Courts, Central District, Tis Hazari Courts, Delhi.
Background:
The appellant, represented by counsel Mr. Murari Tiwari, appealed the dismissal of the application to waive the mandatory six-month waiting period between the first and second motions for divorce. The court considered the provisions of the Section 13B(2) of the Hindu Marriage Act, 1955, governing mutual consent divorces.
Key Arguments:
The parties, referred to as appellant and respondent, claimed to have been living separately since July 2022, seeking divorce based on mutual consent. The appellant’s request to waive the cooling-off period was denied by the family court, leading to the appeal.
Court's Decision:
The court granted liberty to the parties to move the concerned family judge with an application for waiver, considering the observations and the Supreme Court’s judgment in Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746.
Next Steps:
The Delhi High Court set aside the impugned order, emphasizing that the decision to remarry by one of the parties could not be the sole reason for rejecting the waiver application. The court highlighted the need to focus on the quality of the relationship rather than the duration of the marriage.
Conclusion:
This judgment provides clarity on the interpretation of Section 13B(2) of the Hindu Marriage Act, 1955, allowing parties to seek a waiver of the mandatory six-month cooling-off period based on the merits of their case.
