VidhiSangh

Supreme Court of India · 12/09/2017

AMARDEEP SINGH versus HARVEEN KAUR

[2017] 8 S.C.R. 925 · 2017 INSC 896

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that the six-month waiting period for the second motion in mutual-consent divorce under Section 13B(2) is directory and can be waived by the court dealing with the case. It identified considerations concerning elapsed separation, failed reconciliation, genuine settlement and needless prolongation of agony. The parties were permitted to seek fresh consideration before the concerned court; no divorce decree was granted in this appeal.

Issues

  1. Whether the six-month period under Section 13B(2) was mandatory or could be waived by the concerned court.
  2. What considerations and procedure should guide waiver.

Provisions considered

Held

Result

Appeal disposed of; parties at liberty to seek fresh consideration before the concerned court under the stated waiver principles.

Judgment PDF: Supreme Court of India, [2017] 8 S.C.R. 925.