The Punjab and Haryana high court has ruled that if a married couple has decided to live separately, “the court should not prolong their agony”.

Justice Arun Kshetarpal of the High Court passed these orders while allowing a plea filed by a couple from Jalandhar in Punjab. The Couple had filed a plea for waiving off the cooling period of 6 months, between the first motion & the second motion provided under Section 13B(2) of the Hindu Marriage Act, 1955, in a petition filed for mutual divorce under Section 13B of the Hindu Marriage Act, 1955. However, their plea was dismissed by the Jalandhar family court.

Aggrieved by the family court’s order, the couple had approached High Court, pointing out that the parties were residing separately since Feb 2020.

With the intervention of the respectable & relatives, the parties decided to part their ways. A plea under Section 13B of the Hindu Marriage Act, 1955, was filed on Oct 4, 2021. The Court recorded the first motion on October 4 itself, during which separate statements of the wife & the husband were recorded. The wife admitted that she has received full & final payment with regard to the past, present & future maintenance & the dowry articles.

The family court adjourned the case for a future date, as a gap of six months’ time is required for recording the second statement of the couple. However, the wife filed an application for waiving off the statutory period of 6 months, which was declined by the family court on Oct 11.

In their plea before the HC, their counsel informed that both the parties are working in different fields & are reasonably educated. The counsel representing the parties prays for waiving off the statutory period of six months on the ground that the parties wish to start a new life after getting over this matter.

After hearing both the parties, the HC observed, “Once the parties have clearly decided to part their ways & live separately, the court should not prolong their agony. In the facts of the case, this Bench is of the considered view that there is no possibility of parties resuming cohabitation. Hence, the revision petition is allowed. The order passed by the family court is set aside. The parties are directed to appear before the family court, for recording their statements in the second motion.”

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