Amardeep Singh v. Harveen Kaur

Case Title: Amardeep Singh v. Harveen Kaur — CA No. 11158 of 2017 (SC)

Parties married in 1994. After long disputes and separation, they reached a full settlement and sought mutual consent divorce. They asked the Supreme Court to waive the six-month waiting period under Section 13B(2) of the Hindu Marriage Act. The Court held the period is directory, not mandatory, and may be waived when reunion is hopeless and settlement covers all issues.

1. Is the six-month period in Section 13B(2) mandatory or directory?
2. Can courts waive the period in exceptional situations to serve justice?

Object of Section 13B: Let parties dissolve a broken marriage by consent and enable rehabilitation.

Waiver Principle: If there are no chances of reunion and all issues are settled, courts are not powerless to enable a better option by waiving the period.

• The Supreme Court held Section 13B(2) is directory, not mandatory.
• Courts may waive the six-month period where: (i) parties lived separately beyond the statutory period; (ii) all issues like alimony, custody, and property are settled; (iii) reconciliation attempts have failed; and (iv) waiting would only prolong misery.
• Waiver depends on the facts of each case and lies in the court’s discretion.

Purpose over procedure. Section 13B exists to end dead marriages and aid rehabilitation. When reunion is clearly impossible and settlement is complete, strict waiting serves no purpose. Hence the period is waivable.

• Balances human realities with legal procedure.
• Guides family courts on when to waive cooling-off to avoid needless delay.
• Key authority for mutual consent divorce practice across India.

1. Section 13B(2) is directory; courts can waive it.
2. Need long separation, failed reconciliation, and full settlement.
3. Waiver is a discretionary relief based on case facts.

Mnemonic: W-A-I-V-E — Waiver possible, All issues settled, Impossible reunion, Verified separation, Equitable discretion.

3-Step Hook:

1. Check separation & settlement.
2. Test reconciliation chances.
3. If none: seek waiver of 13B(2).

Mutual Consent Divorce

Both spouses agree to dissolve the marriage under Section 13B HMA.

Cooling-Off Period

Six months between first and second motion to allow reconsideration.

Directory Provision

Guideline that can be relaxed; not a rigid mandate.

• Later cases applying 13B(2) waiver criteria
• High Court decisions on cooling-off period discretion