Amardeep Singh vs. Harveen Kaur

The Hon’ble Apex Court stated that the ‘cooling off’ period provided under section 13 B ofthe Hindu Marriage Act is discretionary that could be waived off by the court in the interest of justice wherein no chance of reconciliation exist and parties have either been separated for a long period or contesting in proceedings for period longer than the ‘cooling off’ period. Additionally, it provided that court has to answer the following questions to determine whether the‘cooling period’should be dispensed with or not:

A. How long parties have been married
B. How long litigation is pending
C. How long husband and wife has been staying a part
D. Have parties attended any mediation /conciliation
E. Have parties come to agenuine understanding on issues such as maintenance ,child custody or anyother matter. The application seeking waiver of the prescribed time could be filed in thesubsequent week of filing the first motion. Court shall permit waiver only on being satisfied that “marriage has been shattered beyond repair.”