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
- Whether the six-month period under Section 13B(2) was mandatory or could be waived by the concerned court.
- What considerations and procedure should guide waiver.
Provisions considered
- Section 13B(1) and (2), Hindu Marriage Act, 1955The text governing mutual-consent petitions and second motions was reproduced; the six-month second-motion period was construed as directory and subject to judicial discretion. (¶¶ 3, 18–21)
Held
- The cooling-off period seeks to prevent a hurried divorce where reconciliation remains possible, rather than perpetuate a purposeless marriage where reunion is impossible. Mandatory or directory character depends on context, subject matter and statutory purpose as well as language. (¶ 15–17)
- The concerned court may consider waiver where the one-year separation period plus six months has elapsed before the first motion, reconciliation efforts have failed with no prospect of success, outstanding matters including alimony and child custody are genuinely settled, and further waiting would only prolong agony. (¶ 18)
- A reasoned waiver application may be filed one week after the first motion. Waiver remains discretionary in the facts and circumstances, particularly where cohabitation cannot resume and alternative rehabilitation is possible. (¶ 19–21)
- Video conferencing may be used; genuine representation through close relatives such as parents or siblings may be permitted where just and valid reasons for inability to attend personally satisfy the court. (¶ 22)
- The parties were left free to move the concerned court for fresh consideration in light of this construction, rather than being granted a divorce in this appeal. (¶ 23)
Result
Appeal disposed of; parties at liberty to seek fresh consideration before the concerned court under the stated waiver principles.