Waiver of Statutory Period Under Section 13-B(2) for Dissolution of Marriage by Mutual Consent.

The parties were married on 21/05/2006 as per Hindu customs.

After marital discord, they began living separately on 02/10/2018.

The appellant (husband) filed a petition for divorce under Section 13(1) of the Hindu Marriage Act, 1955, alleging cruelty, which was dismissed by the Family Court, Rajnandgaon, on 06/07/2024.

The appellant challenged this dismissal via the present appeal.

During the pendency of the appeal, the matter was referred to mediation where the parties reached a settlement on 18/08/2025.

Consequently, they filed an application (I.A. No. 01/2026) to convert the proceedings into a petition for divorce by mutual consent.

1. Whether the statutory six-month waiting period under Section 13-B(2) of the Hindu Marriage Act can be waived to grant a decree of divorce by mutual consent.

2. Whether the settlement terms, including permanent alimony and fixed deposits for the children, were sufficiently complied with to satisfy the court of a genuine resolution.

The Court primarily applied Section 13-B of the Hindu Marriage Act, 1955, which provides for divorce by mutual consent provided the parties have lived separately for over a year and have not been able to live together.

It further relied on the precedent established in Amardeep Singh v. Harveen Kaur (2017) 7 SCC 746, which held that the six-month "cooling-off" period under Section 13-B(2) is directory and not mandatory; it may be waived if the parties have been separated for the statutory period, mediation has failed, alimony/custody issues are settled, and further delay would only prolong their agony.

The Court observed that the parties had been living separately since October 2018, far exceeding the one-year requirement under Section 13-B(1).

It noted that the mediation was successful and that the husband had substantially complied with the financial settlement: he deposited ₹15 lakhs each in fixed deposits for his two daughters and paid a total of ₹51 lakhs as permanent alimony to the wife through various demand drafts between August 2025 and February 2026.

Applying the Amardeep Singh criteria, the Court found that there was no possibility of reconciliation, the settlement was genuine, and the statutory waiting period would serve no purpose other than prolonging the parties' distress.

The marriage solemnized on 21/05/2006 was declared dissolved by a decree of divorce by mutual consent.

The Court directed that the terms of the mediation settlement be made part of the decree to ensure continued compliance.

The appeal was disposed of with no order as to costs.