Supreme Court of India

Amardeep Singh v. Harveen Kaur

Neutral citation

Reported as [2017] 8 S.C.R. 925

Bench Adarsh Kumar Goel J.

Decided 12 September 2017

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view thatthe period mentioned in Section 13B(2) is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.

Judgment, page 12

From the headnote

Hindu Marriage Act, 1955: s.13B(2) - Mutual consent - Cooling period of 6 months - Object of - Held: The object of the cooling of period was to safeguard against a hurried decision if there was otherwise possibility of differences being reconciled - The object was not to perpetuate a purposeless marriage or to prolong the agony of the parties when there was no chance of reconciliation - Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the Court should not be powerless in enabling the parties to have a

Authorities it was built on

2005 Kailash v. Nanhku and Ors. cited by 38
2010 Manish Goel v. Rohini Goel cited by 10
2011 Hitesh Bhatnagar v. Deepa Bhatnagar cited by 8
2005 Durga Prasanna Tripathy v. Arundhatl Tripathy cited by 6
2008 Satish Sitole v. Smt. Ganga cited by 5
2009 Anil Kumar Jain v. Maya Jain cited by 5
1996 Union of India & Ors v. Kirloskar Pneumatic Co. Ltd. cited by 4
2010 Smt. Poonam v. Sumit Tanwar cited by 4
1993 State of Punjab and Ors. v. Renuka Singla and Ors. cited by 4
2006 Rishikesh Sharma v. Saroj Sharma cited by 4
2010 Neeti Malviya v. Rakesh Malviya cited by 2
2012 Devinder Singh Narula v. Meenakshi Nangia cited by 2

Where later benches applied it

2023 Shilpa Sailesh v. Varun Sreenivasan relied on
2023 K. C. Ninan v. Kerala State Electricity Board & Ors. mentioned

Of those, 1 relied on · 1 mentioned

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