The Andhra Pradesh High Court has ruled that a divorce petition filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955, can be converted into one under Section 13B for divorce by mutual consent, even at the appellate stage. Further, the Court held that the statutory six-month “cooling-off” period under Section 13B(2) is directory and can be waived in appropriate cases.
The decision was delivered on June 27, 2025, by a Division Bench comprising Justice Ravi Nath Tilhari and Justice Kiranmayee Mandava in C.M.A. No. 651 of 2007.
Background
The appellant-husband had filed O.P. No. 444 of 2000 before the Family Court-cum-IV Additional District & Sessions Judge at Vijayawada, seeking dissolution of his marriage with the respondent-wife under Section 13(1)(ia) of the Act, alleging mental cruelty and desertion since 1997. The marriage had been solemnized on 29 August 1996, and the couple had a daughter.
The Family Court dismissed the petition by judgment dated 27 July 2007, holding that the appellant could not take advantage of his own alleged misconduct involving a colleague, and that he had failed to prove cruelty by the wife.
During the pendency of the appeal before the High Court, both parties entered into a compromise and jointly sought dissolution of the marriage by mutual consent under Section 13B of the Act, filing I.A. Nos. 1 and 2 of 2024 to that effect.
Court’s Analysis
The High Court considered the legal issue: whether a divorce petition under Section 13(1)(ia) can be converted to one under Section 13B at the appellate stage, and whether the six-month waiting period under Section 13B(2) is mandatory or directory.
Referring to precedents including:
- Purnima Rani Kaijam v. Balaji Ankem [2019(4) ALT 162 (DB)],
- K. Omprakash v. K. Nalini [1985 SCC OnLine AP 98],
- R. Sraswathy Devi v. M. Manoharan [2013 Supreme (Online) (KER) 8607],
- Amardeep Singh v. Harveen Kaur [(2017) 8 SCC 746], and
- Shilpa Sailesh v. Varun Sreenivasan [(2023) 14 SCC 231],
the Court held that the statutory waiting period under Section 13B(2) is not mandatory and can be waived in appropriate circumstances, especially when the parties have been living separately for a prolonged period and have no intention of resuming marital life.
Quoting from K. Omprakash, the Bench observed:
“Section 13-B(2), no doubt cautions the Courts of its duty to fight the last ditch battle to save the marriage; but when the Court is fully satisfied… that the marriage tie should be put as under immediately, Section 13-B(2) does not impose any fetter on the powers of the Court to grant instant decree of divorce.”
The Court also cited Shilpa Sailesh to emphasize that when marriage has broken down irretrievably, procedural requirements should not prolong the parties’ agony.
Final Decision
Allowing both applications, the Court held:
“The marriage has shattered beyond repair. The cooling off period of six months deserves to be waived. The petition for divorce deserves to be allowed by granting divorce by mutual consent, waiving of the waiting/cooling period, of six months, under Section 13B(2) of the Hindu Marriage Act, 1955.”
Accordingly, the High Court:
- Allowed I.A. Nos. 1 and 2 of 2024,
- Set aside the judgment dated 27.07.2007 of the Family Court,
- Dissolved the marriage under Section 13B of the Hindu Marriage Act, 1955, with immediate effect,
- Directed that there shall be no order as to costs, and
- Closed all pending miscellaneous petitions.
