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TMI Blog2021 (12) TMI 1507X X X X Extracts X X X X X X X X Extracts X X X X ..... d well placed in life (the Appellant being an IPS officer and the Respondent an IFS officer), were married according to Hindu rites on 10th September 2020. Admittedly, on account of irreconcilable differences, the Appellant and Respondent separated on 13th September 2020, that is, precisely three days after marriage. 4. On or about 30th September 2021, after over one year of separation, the Appellant and the Respondent filed a petition in the Family Court Under Section 13B of the Hindu Marriage Act for a decree of divorce by mutual consent. Section 13B of the Hindu Marriage Act reads as under: 13B. Divorce by mutual consent. (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. (2) On the motion of both the parties made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, to make the motion for the Court to pass a decree of divorce. 10. By the order dated 12th October 2021, impugned before the High Court, the Family Court dismissed the application as devoid of merits and not maintainable. The case file was directed to be put up on 4th April 2022 for the purpose of recording statement on 2nd motion of the parties. The Family Court held: As per the guidelines laid down by the Hon'ble Supreme Court in case titled Amardeep Singh v. Harveen Kaur, 2017 (4) RCR (Civil) 608 the case of the Petitioners does not fall within the parameters fixed to waive off the stipulated period of six months as mentioned Under Section 13B(2) of the Hindu Marriage Act. In the above mentioned case it has been clearly laid down that where the Court dealing with the matter is satisfied that a case is made out to waive the statutory period Under Section 13B(2) of the Hindu Marriage Act, it can do so after considering the following: 1) The statutory period of six months specified in Section 13B(2) in addition to the statutory period of one year Under Section 13B of separation of parties is already over before the first motion itself. 2) ..... 3) ..... 4) .... 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t direction by any further efforts; iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties; iv) the waiting period will only prolong their agony. 5. A perusal of the aforementioned conditions shows that all of them are fulfilled except the condition of a period of 1 � years having elapsed before the first motion. Thus, the Family Court had no option but to dismiss the application filed for waiving the period of six months. In this view of the matter no error has been committed by it warranting any interference by this Court. The judgments in Jobanpreet Kaur (supra); Nav Raj Bhatta (supra) and Priyanka Chauhan (supra) cannot be relied upon even though in the said cases a period of 1 � years had not elapsed before the first motion for the reason that none of them have considered the issue of waiver being subject to period of 1 � years having elapsed before first motion. 6. In view of the above, the revision petition has no merit and is dismissed. 13. Section 13B(1) of the Hindu Marriage Act read with Section 13B(2) envisages a to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if the parties still wish to go ahead with the divorce, and make a motion, the Court has to grant a decree of divorce declaring the marriage dissolved with effect from the date of the decree, after making such enquiries as it considers fit. 18. The object of Section 13B(2) read with Section 14 is to save the institution of marriage, by preventing hasty dissolution of marriage. It is often said that "time is the best healer". With passage of time, tempers cool down and anger dissipates. The waiting period gives the spouses time to forgive and forget. If the spouses have children, they may, after some time, think of the consequences of divorce on their children, and reconsider their decision to separate. Even otherwise, the cooling period gives the couple time to ponder and reflect and take a considered decision as to whether they should really put an end to the marriage for all time to come. 19. Where there is a chance of reconciliation, however slight, the cooling period of six months from the date of filing of the divorce petition should be enforced. However, if there is no possibility of reconciliation, it would be meaningless to prolong the agony of the parties to the marriag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Amardeep Singh v. Harveen Kaur (supra) and proceeded on the basis that this Court has held that the conditions specified in paragraph 19 of the said judgment, quoted hereinabove, are mandatory and that the statutory waiting period of six months Under Section 13B(2) can only be waived if all the aforesaid conditions are fulfilled, including, in particular, the condition of separation of at least one and half year before making the motion for decree of divorce. 23. It is well settled that a judgment is a precedent for the issue of law that is raised and decided. A judgment is not to be read in the manner of a statute and construed with pedantic rigidity. In Amardeep Singh v. Harveen Kaur (supra), this Court held that the statutory waiting period of at least six months mentioned in Section 13B(2) of the Hindu Marriage Act was not mandatory but directory and that it would be open to the Court to exercise its discretion to waive the requirement of Section 13B(2), having regard to the facts and circumstances of the case, if there was no possibility of reconciliation between the spouses, and the waiting period would serve no purpose except to prolong their agony. 24. In Devinder Sing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 13 or 13-B of the Hindu Marriage Act, 1955 for grant of divorce, the said doctrine can be applied to a proceeding under either of the said two provisions only where the proceedings are before the Supreme Court. In exercise of its extraordinary powers Under Article 142 of the Constitution the Supreme Court can grant relief to the parties without even waiting for the statutory period of six months stipulated in Section 13-B of the aforesaid Act. 27. For exercise of the discretion to waive the statutory waiting period of six months for moving the motion for divorce Under Section 13B(2) of the Hindu Marriage Act, the Court would consider the following amongst other factors: (i) the length of time for which the parties had been married; (ii) how long the parties had stayed together as husband and wife; (iii) the length of time the parties had been staying apart; (iv) the length of time for which the litigation had been pending; (v) whether there were any other proceedings between the parties; (vi) whether there was any possibility of reconciliation; (vii) whether there were any children born out of the wedlock; (viii) whether the parties had freely, of their own acc ..... 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