A three-judge bench comprising Justices Navin Chawla, Anoop Jairam Bhambhani, and Renu Bhatnagar delivered the ruling while responding to a reference on the timeline for filing mutual consent divorce petitions. The bench emphasized that the one-year separation period under Section 13B(1) of the HMA is “suggestive, not mandatory,” and can be waived in appropriate circumstances using the provisions of Section 14(1).
The court noted, “Is any court compelled to prevent divorce by mutual consent, thereby pushing unwilling parties not into marital bliss, but into a marital chasm?” It stressed that couples approaching the court for mutual divorce are typically doing so for valid reasons, and delaying the process could adversely affect their ability to form stable relationships in the future.
Citing Supreme Court precedents, the bench highlighted that Section 14(1) allows courts to waive waiting periods in cases involving “exceptional hardship” for the petitioner or “exceptional depravity” on the part of the respondent. The court clarified that while the one-year separation period may be waived, this does not automatically exempt the six-month “cooling-off” period under Section 13B(2); courts will decide both waivers independently.
The Delhi High Court also emphasized that such exemptions are not routine and will only be granted in exceptional cases. Courts have the authority to extend the effective date of divorce or dismiss petitions if the waiver is obtained through false representation or concealment of facts.
This ruling provides clearer guidance to family courts and High Courts, enabling them to grant timely divorces in situations where continuing the marriage serves no practical purpose, balancing legal procedure with the well-being of the parties involved.
