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Supreme Court of India 2017-09-12 disposed

Amardeep Singh vs Harveen Kaur

Bench: 2 — Adarsh Kumar Goel

In Brief

A husband and wife, married in 1994 with two children, separated in 2008 and agreed to divorce by mutual consent in 2017 with an alimony settlement of Rs. 2.75 crores and custody to the father. They sought a waiver of the six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act, 1955, arguing they had been separated for over eight years with no prospect of reconciliation. The Supreme Court held that while Article 142 cannot override statutory provisions for waiver by the Supreme Court itself, the Family Court has discretion to waive the six-month period where reconciliation has been exhausted, all differences are settled, and further delay only prolongs agony. The Court clarified that Section 13B(2)'s cooling-off period is directory, not mandatory, and can be waived based on specified judicial guidelines.

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Family Law Divorce Matrimonial Law Statutory Interpretation Hindu Marriage Act Mutual Consent Divorce

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