Hindu Marriage Act, 1955 — Section 13(1)(ia)(ib) — Petition for divorce on grounds of cruelty and desertion dismissed by Trial Court — Appeal under Section 28 — During pendency of appeal parties entering into compromise — Filing of I.A. under Section 13-B for divorce by mutual consent at appellate stage — Maintainability — Held, permissible. (Paras 2, 13, 15) Hindu Marriage Act, 1955 — Section 13-B(2) — Cooling off period of six months — Whether mandatory or directory — Held, directory — Can be waived by Court in appropriate cases — Principles reiterated. (Paras 18, 19, 22) Divorce by mutual consent at appellate stage — Parties living separately for more than 11 years — No issue born out of wedlock — All disputes including permanent alimony settled — Registrar (Judicial) verifying compromise and voluntariness — No possibility of reunion — Waiting period waived — Divorce granted. (Paras 9, 10, 22, 23)

advocatemmmohan

Hindu Marriage Act, 1955 — Section 13(1)(ia)(ib) — Petition for divorce on grounds of cruelty and desertion dismissed by Trial Court — Appeal under Section 28 — During pendency of appeal parties entering into compromise — Filing of I.A. under Section 13-B for divorce by mutual consent at appellate stage — Maintainability — Held, permissible. (Paras 2, 13, 15)

Hindu Marriage Act, 1955 — Section 13-B(2) — Cooling off period of six months — Whether mandatory or directory — Held, directory — Can be waived by Court in appropriate cases — Principles reiterated. (Paras 18, 19, 22)

Divorce by mutual consent at appellate stage — Parties living separately for more than 11 years — No issue born out of wedlock — All disputes including permanent alimony settled — Registrar (Judicial) verifying compromise and voluntariness — No possibility of reunion — Waiting period waived — Divorce granted. (Paras 9, 10, 22, 23)

Compromise — Permanent alimony of Rs.10,00,000/- paid by demand drafts — Withdrawal of pending maintenance and D.V. proceedings agreed — Terms forming part of decree. (Paras 7, 9, 24)

Precedents considered — Amardeep Singh v. Harveen Kaur — K. Omprakash v. K. Nalini — R. Sraswathy Devi v. M. Manoharan — Shilpa Sailesh v. Varun Sreenivasan — Followed. (Paras 11–21)

---

JUDGMENT

This Civil Miscellaneous Appeal under Section 28 of the Hindu Marriage Act, 1955 was filed by the appellant/husband challenging the judgment and decree dated 25.04.2023 in H.M.O.P.No.220 of 2018 passed by the learned Senior Civil Judge, Bhimavaram, whereby the petition for divorce under Section 13(1)(ia)(ib) of the Act was dismissed. (Para 2)

During pendency of the appeal, I.A.No.1 of 2024 was filed to record the memorandum of compromise dated 16.12.2024 and to allow the HMOP in terms thereof. I.A.No.2 of 2024 was filed seeking waiver of the statutory waiting period of six months under Section 13-B(2) of the Act and for grant of divorce by mutual consent. (Paras 3, 5)

The compromise recorded that the parties have been living separately since 2013, have no issues, and that the marriage has irretrievably broken down. A sum of Rs.10,00,000/- was agreed as full and final settlement towards permanent alimony and paid by way of two demand drafts. The respondent agreed to withdraw pending proceedings in M.C.No.49 of 2019 and D.V.C.No.37 of 2019. (Paras 6, 7)

Pursuant to the order dated 02.01.2025, the Registrar (Judicial) verified the compromise, identified the parties, confirmed voluntariness and receipt of permanent alimony. Both parties reiterated before the Court that the decree of divorce be granted in terms of compromise. (Paras 8, 9)

Relying upon the law laid down in Amardeep Singh, K. Omprakash, R. Sraswathy Devi and Shilpa Sailesh, it was held that Section 13-B(2) is directory and not mandatory, and that in appropriate cases, particularly at appellate stage, the cooling off period can be waived where there is no possibility of reunion and the settlement is genuine. (Paras 15–21)

Considering that the parties have been living separately for more than eleven years, have settled all disputes including alimony, and there is no chance of reconciliation, the Court held that insisting upon the cooling off period would only prolong their agony and serve no useful purpose. (Para 22)

Accordingly, I.A.Nos.1 and 2 of 2024 were allowed. The appeal was allowed. The decree dated 25.04.2023 dismissing H.M.O.P.No.220 of 2018 was set aside, and the marriage between the appellant and the respondent was dissolved under Section 13-B of the Hindu Marriage Act with effect from the date of judgment. No order as to costs. The terms of compromise, Memorandum of Understanding, and the report of the Registrar (Judicial) were directed to form part of the decree. Pending miscellaneous petitions, if any, stood closed. (Paras 23, 24)