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september 2017

Supreme Court of India · 2017-09-12

AMARDEEP SINGH vs HARVEEN KAUR

Citation / case number
SC 2017/22782
Court
Supreme Court of India
Petitioner
AMARDEEP SINGH
Respondent
HARVEEN KAUR
Author
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
Bench
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

Judgment text excerpt

The Supreme Court addressed whether the six-month waiting period under Section 13B(2) of the Hindu Marriage Act, 1955, for a decree of divorce by mutual consent is mandatory or can be relaxed. The Court held that the statutory period can be waived in exceptional circumstances, referencing its earlier decision in Nikhil Kumar vs. Rupali Kumar, where Article 142 was invoked to dissolve a marriage. The Court emphasized that the parties had been living separately for over eight years, and any delay would hinder their resettlement, thus allowing the waiver of the six-month period.

AMARDEEP SINGH vs HARVEEN KAUR · Niyam