On 26.10.2020 the Bombay High Court allowed a joint plea filed by a couple and waived off the cooling period mentioned under Section 13 of Hindu Marriage Act.
The Court directed the Family Court to pass an order in the couple’s divorce case on an urgent basis.
The reason for waiving the cooling period was that the wife was pregnant with someone else’s child and wanted to marry that person.
Background of the case:-
A joint petition was filed by the couple (petitioners) before the Family Court for grant of divorce by mutual consent. The couple got married on 15.08.2020.
As per the petitioners, they were staying separately since December 2018 and living their lives independently.
The couple further submitted that they have mutually agreed to end their marriage as they were unable to live together.
Proceedings under Section 13B of the Hindu Marriage Act were initiated on 04.08.2020.
The couple also filed an application for waving off the cooling period mentioned under Section 13B(2).
Hon’ble Family Court rejected the application for waiving of the cooling period. Aggrieved, the petitioners moved the High Court of Bombay.
Contentions raised before the Court.
Learned counsel of the petitioner(wife) stated that the wife was carrying someone else’s child and wanted to marry the person as soon as possible; therefore there was an urgency in the matter and the cooling period should be waived off.
The Court was also informed that both the parties (husband and wife) had reached an agreement wherein the husband was ready to give his residential house to the wife.
It was also submitted that both the parties wanted the cooling period waived off.
The opinion of the Court
While pronouncing the judgement, a reference was made to Amardeep Singh vs Harveen Kaur where it was stated that the Court might waive the statutory period after considering the following points:-
- The statutory period mentioned in Section 13B(2) and Section 13B(1) is already over before the filing of the first motion.
- All efforts of conciliation or mediation have failed.
- The parties have genuinely settled all the pending issues.
- If the statutory period will prolong the agony of the couple
Based on the observations of the Supreme in the judgement as mentioned above, The Court held that the statutory period should be waived off. The Court also directed the Family Court to pass their judgment in the divorce case expeditiously.
Title: Kanika Dhilon vs Surya Prakash Rao
Case No.: WP No. 93737 of 2020
Date of Order: 26.10.2020
Coram: Hon’ble Justice Nitin W Sambre