Judgments

Landmark Judgments on Mutual Divorce

Over the years, the Supreme Court of India has clarified and evolved the law relating to mutual consent divorce under Section 13B of the Hindu Marriage Act. Below are some of the most important cases:

Amardeep Singh v. Harveen Kaur (2017)

 

  • The Court ruled that the six-month “cooling-off” period under Section 13B(2) is not mandatory.
  • Judges can waive the waiting period if both parties have settled all issues and the marriage has irretrievably broken down.

Sureshta Devi v. Om Prakash (1991)

  • The Court held that either spouse can withdraw consent any time before the final decree is passed.

  • This judgment established that mutual consent must exist till the very end of proceedings.

Hitesh Bhatnagar v. Deepa Bhatnagar (2011)

  • Reaffirmed that continuous consent of both spouses is essential until the decree is granted.
  • Emphasized protection of free will in divorce cases.

Shilpa Sailesh v. Varun Sreenivasan (2023 – Constitution Bench)

  • The Court, using its powers under Article 142, ruled that it can waive the statutory waiting period in genuine cases.

  • This progressive judgment allows faster resolution of mutual divorces where parties have amicably settled.

These landmark cases ensure that the law balances both legal procedure and human dignity, making mutual consent divorce faster, fairer, and more flexible.