Amardeep Singh vs Harveen Kaur (2017)
Citation: (2017) 8 SCC 746
Relevant Articles:
Section 13B of the Hindu Marriage Act, 1955: Divorce by mutual consent.
Facts:
Amardeep Singh and Harveen Kaur filed for divorce by mutual consent after several years of marriage. They had experienced irreconcilable differences and had agreed that their marriage could no longer be saved. They had already resolved issues regarding alimony and child custody. Both parties requested the Court to waive the mandatory six-month waiting period under Section 13B, arguing that their decision to divorce was final and that waiting would only prolong the inevitable.
Issues:
Whether the six-month waiting period for divorce by mutual consent can be waived.
Whether mutual consent divorce is valid even if one party has been influenced or pressured.
Whether the couple’s agreement regarding alimony and child custody should be considered before granting divorce.
Judgment:
The Supreme Court waived the six-month waiting period and granted the divorce, acknowledging that both parties had mutually agreed to the dissolution of the marriage. The Court emphasized that the six-month waiting period should not serve as an obstacle when both parties have reconciled and have agreed on all issues related to the divorce
-HARINYA
SAVEETHA SCHOOL OF LAW
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