AIR 2006 PUNJAB AND HARYANA 201 ::2006 (4) All LJ EE 571 ::2006 (4) ALJ 571 ::2006 (6) AKAR (NOC) 842 (P&H) ::2006 A I H C 3638 ::(2006) 1 MarriLJ 532 ::(2006) ILR 2 P&H 1 ::(2006) 1 HinduLR 725 ::(2006) 2 RecCivR 497 ::(2007) 1 AllMR 13 (P&H) ::2007 (1) All MR 13 JS ::(2007) MatLR 295 ::2006 (2) Pun LR 851

Punjab And Haryana High Court

Hon'ble Judge(s): D. K. Jain , C.J. AND Surya Kant , J

(A) Hindu Marriage Act (25 of 1955) , S.13B(2)— Divorce by mutual consent - Grant of - Minimum waiting period of 6 months from date of filing of petition - Is mandatory and cannot be waived off on ground that parties have already litigated for more than six months in past and no useful purpose would be served by keeping petition pending for lapse of six months. The Objects and Reasons for passing the Act No. 68 of 1976 whereby Section 13-B was incorporated, indicate that the provision for divorce by mutual consent was intended more or less on the lines of Section 28 of the Special Marriage Act, but having felt that once the parties have chosen to move the Court for divorce by mutual consent, it was not necessary to make them wait for a further period of one year to obtain the relief, that the period of one year was decided to be reduced to 6 months. However, sub-section (2) of Section 13-B does not permit the Court to dissolve a marriage by mutual consent not earlier than 6 months after the date of presentation of the petition or later than the expiry of 18 months after such presentation. The legislature, in its wisdom, has consciously provided the minimum and maximum waiting period during which alone a decree for divorce by mutual consent can be passed. The apparent object behind providing this period is to allow time to the spouses to reconsider their deci....