The Hon’ble High Court of Bombay vide order 26.10.2020 waived off the cooling period defined under Section 13B of the Hindu Marriage Act 1955, in a divorce petition.

The said order was passed in a joint petition for divorce filed by both the parties (husband-wife) under the provisions of Section 13B of the Hindu Marriage Act 1955.

The said proceedings being Petition No.F-1023 of 2020 initiated before the Family Court, Bandra, was accompanied with the application for waiving statutory period of 6 months provided under Section 13B(2) of the Hindu Marriage Act, 1955.However,thesaid application was rejected by the Family Court, resulting in the present plea.

Counsel for the Petitioner submitted that the Petitioner was pregnant with the child of another man whom she intends to marry and settle down with.That being so, there is urgency in the matter.

The learned Counsel for the Respondent (Husband) consented for the submissions made by the learned Counsel for the Petitioner and submitted that hewas equally supporting the case of the Petitioner for waiving the statutory period.

The Respondent further submitted that the said statutory period should be waived off after considering that the parties were residing separately for more than two years and also the parties having already attended the counselling sessions.

After taking note of all the submissions in the present matter, Justice Nitin W. Sambre referred to the matter of Amardeep Singhv. Harveen Kaur, wherein the Apex Court defined the object of the cooling off period to safeguard against a hurried decision if there was a possibility of differences being reconciled. The Apex Court further stated that the cooling off period was not meant to perpetuate a purposeless marriage or to prolong the agony of the parties when there was no chance of reconciliation. The Apex Court had also laid down several considerations to be taken into account while deciding on waiving the statutory period under Section 13B (2) of the Hindu Marriage Act, 1955.

Justice Sambre after considering the medical condition of the Petitioner, allowed the present joint petition thereby quashing and setting aside the impugned order of the Family Court. The Family Court was further ordered to decide the application for divorce as expeditiously as possible.

 

Order: WRIT PETITION (ST) NO.93737 OF 2020