Waiver of 6 months statutory period in divorce by Mutual Consent

Section 13 B of the Hindu Marriage Act 1955 states the provisions with respect to filing a divorce by mutual consent in case of Hindu Spouses. As per clause 2 of section 13B of the said act the parties cannot make a motion before 6 months from the date of the presentation of a petition thereby praying a decree of divorce by mutual consent.

But the Hon'ble Supreme Court in Transfer Petition (C) No. 569 of 2014 has held that the said "matter is a fit case to grant a decree of divorce by mutual consent by waiving the statutory period of waiting".

In the said case Petitioner-wife had approached this Court for transfer of Suit No. HMA 32/2013 filed under Section 13B of the Hindu Marriage Act, 1955, from District & Sessions Court, Panchkula, Haryana to the Family Court, Pune, Maharashtra. During the pendency of the proceedings before this Court, parties were referred to mediation.

Monetary part of the settlement has been complied with and what remains is only order on the pending criminal cases and also the application for divorce on mutual consent. Hence the Hon'ble Court ordered that RCC No. 2498 of 2011, RCC No. 5144 of 2013, Criminal Miscellaneous Application No. 1068 of 2011 pending on the file of First Class, Judicial Magistrate, Pune would stand quashed and Criminal Revision No. 134 of 2015 Criminal Revision No. 73 of 2015 Criminal Revision No. 51 of 2015 Criminal Appeal No. 21 of 2012 pending before the Sessions Judge, Pune will also stand disposed of.

In the proceeding before the Apex Court it was submitted that the parties have lived as husband and wife only for a few days in the year 2010. Both parties have exercised their free will and have taken a conscious decision to part and put an end to all other litigation as well. They have also filed a joint petition for dissolution of marriage by mutual consent Under Section 13B of the Hindu Marriage Act before the District Court.

Therefore the Hon'ble Supreme Court has held that "Having regard to the background of the several litigations between the parties over a period of five years, background of the parties living separately for more than five years, submission of Mr. Vivek Kumar Varinder Wadhera that he has to go back to his work place in U.S.A. and also having regard to the submission of Aditi Vivek Kumar Wadhera that she has now to think of her future, we are of the view that it is a fit case to invoke our jurisdiction Under Article 142 of the Constitution of India and grant a decree of divorce by mutual consent by waiving the statutory period of waiting. Therefore, the marriage between Aditi Vivek Kumar Wadhera and Vivek Kumar Wadhera stands dissolved by decree of mutual consent. HMA No. 32/2013 on the file of District & Sessions Court, Panchkula, Haryana shall stand disposed of accordingly.
The terms of settlement dated 13.6.2015 will form part of the decree.
We make it clear that there shall not be any restraint on the travel of both the parties and their family members on account of criminal cases referred to above, since we have quashed the same."