Amardeep Singh vs Harveen Kaur
🧑⚖️ Amardeep Singh v. Harveen Kaur (2017)
Citation: (2017) 8 SCC 746
Court: Supreme Court of India
Date of Judgment: 12 September 2017
📝 Background / Facts of the Case:
Parties: Amardeep Singh (husband) and Harveen Kaur (wife) were married under the Hindu Marriage Act, 1955.
After facing marital discord, they mutually agreed to seek divorce under Section 13B of the Hindu Marriage Act.
They filed the first motion for divorce (as required under Section 13B(1)).
But they didn’t want to wait the mandatory 6-month cooling-off period under Section 13B(2).
They approached the court to waive off this period, as they had already been living separately for more than a year.
⚖️ Legal Issue:
Can the 6-month waiting period under Section 13B(2) of the Hindu Marriage Act be waived by the court?
📜 Relevant Legal Provisions:
Section 13B(1) – Allows divorce by mutual consent after the couple has lived separately for at least one year.
Section 13B(2) – Requires a minimum of 6 months (maximum 18 months) between the first motion and the second motion for final divorce.
🧠 Supreme Court’s Decision:
The Supreme Court held that:
✅ The 6-month period is not mandatory — it is directory (optional).
✅ The family court can waive the waiting period if:
✅ Conditions are met:
The couple has already lived separately for 1 year or more.
There’s no chance of reconciliation.
All issues like alimony, custody, etc., are settled.
The delay would only cause further hardship.
✅ The court can use its discretion to waive the period under Article 142 of the Constitution (for doing complete justice).
🏛️ Importance of the Case:
Major shift in divorce law: Earlier, the 6-month period was compulsory.
Gave flexibility to couples who are genuinely seeking separation.
Prevents unnecessary delay and emotional distress.
🔍 Summary Table:
| Point | Explanation |
|---|---|
| Case Name | Amardeep Singh v. Harveen Kaur (2017) |
| Issue | Can 6-month waiting period be waived? |
| Court Held | Yes — it's not mandatory |
| Legal Basis | Section 13B(2), Article 142 (SC powers) |
| Outcome | Divorce granted without waiting 6 months |
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