(2017) 2 CLR 835 (SC) ::(2017) 2 WLC(SC)CVL 639 ::(2017) 242 DLT 264 ::(2017) 3 HinduLR 673 ::(2018) 1 All RentCas 337 ::(2017) 4 CivilCourtC 1 ::2017 (3) SCC (Cri) 505 ::(2018) 2 Mah LJ 24 ::(2017) 4 RecCivR 608 ::(2017) 11 Scale 258 ::AIR 2018 SC (Civil) 41

Supreme Court Of India

Hon'ble Judge(s): Adarsh Kumar Goel, Uday Umesh Lalit , JJ

Hindu Marriage Act (25 of 1955) , S.13B— Divorce by mutual consent - Cooling off six months' period prescribed under S. 13-B is not mandatory - Can be waived under certain circumstances. Object of provision of S. 13-B(2) is to enable parties to dissolve marriage by consent if marriage has irretrievably broken down and to enable them to rehabilitate them as per available options. Amendment was inspired by thought that forcible perpetuation of status of matrimony between unwilling partners did not serve any purpose. Object of cooling off period was to safeguard against a hurried decision if there was otherwise possibility of differences being reconciled. Object was not to perpetuate purposeless marriage or to prolong agony of parties when there was no chance of reconciliation. Though every effort has to be made to save marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, Court should not be powerless in enabling parties to have better option. Where Court dealing with matter is satisfied that case is made out to waive statutory period under S. 13-B(2), it can do so after considering following : @page-SC42 (i) statutory period of six months specified in S. 13-B(2), in addition to statutory period of one year under S. 13-B(1) of separation of parties is already over before first motion itself; ....