Amardeep Singh vs. Harveen Kaur: Understanding the Landmark Judgment

The case of Amardeep Singh vs. Harveen Kaur is a significant milestone in the development of family law in India. It revolves around the interpretation of Section 13B of the Hindu Marriage Act, 1955, which deals with divorce by mutual consent. Let’s delve into the key aspects of this landmark judgment.

Background and Facts

• Marriage: Amardeep Singh and Harveen Kaur got married on January 16, 1994, in Delhi.
• Separation: Since 2008, the couple had been living separately due to disputes.
• Settlement: On April 28, 2017, they reached a settlement to resolve all their disputes and sought divorce by mutual consent.
• Alimony: As part of the settlement, Harveen Kaur was to receive permanent alimony of Rs. 2.75 crores.

Legal Issue

The central question before the Supreme Court was whether the minimum cooling-off period of six months, as stipulated under Section 13B(2) of the Hindu Marriage Act, is mandatory or can be relaxed in exceptional circumstances.

Court’s Reasoning

• The Court held that the six-month cooling-off period is not strictly mandatory but rather advisory. It emphasised that the purpose of this period is to give spouses an opportunity for reflection and reconsideration.
• The Court recognised that exceptional situations may arise where the strict application of the cooling-off period would cause undue hardship or injustice. In such cases, the Court has the discretion to waive the waiting period.
• The Court clarified that the objective is to ensure that the divorce by mutual consent is not hasty or impulsive. However, rigid adherence to the six-month period may defeat the very purpose of facilitating amicable settlements.

Procedural Adaptations

• The judgment introduced procedural adaptations to facilitate access to justice:

Courts can exercise discretion to waive the cooling-off period based on the facts and circumstances of each case.
The Court emphasised the need for a balanced approach, considering the interests of both parties.

Conclusion

Overall, the judgment in Amardeep Singh vs. Harveen Kaur provided clarity on the interpretation of Section 13B of the Hindu Marriage Act, 1955. It emphasised the Court’s discretion to waive the cooling-off period in exceptional circumstances, while ensuring that divorce by mutual consent remains a thoughtful and well-considered decision

LawCrust Legal Consulting

If you’re considering a mutual consent divorce and are interested in exploring the possibility of a waived cooling-off period, LawCrust Legal Consulting can be your trusted partner. We’ll guide you through the legal process, gather necessary evidence, and represent you effectively in court if required. Don’t navigate this process alone.

Contact LawCrust Legal Consulting today at +91 8097842911 or email us at bo@lawcrust.com to schedule a consultation and explore a smoother path towards your resolution.