Yogendra Sharma v. Nidhi Chauhan

Mr. Hariom Kamal Singh, learned advocate appears on behalf of applicant-appellant-husband and submits, joint second motion for waiver was rejected on order dated 4th July, 2025 of the Family Court. His client is aggrieved. There has been ruling of the Supreme Court in Amardeep Singh vs. Harveen Kaur reported in (2017) 8 SCC 746 enabling parties to make second motion for waiver. The appeal was presented on reported delay of 19 days. Application has been made for condonation.

Mr. Ankit Kumar Pandey, learned advocate appears on behalf of respondent and submits, his client joined with applicant to petition for divorce by mutual consent. There was separation since 6th November,

2018. She supports applicant for waiver of cooling off period and expeditious dissolution of the marriage. On query Mr. Singh submits, rejection was purportedly based on ongoing mediation. On further query submission from the Bar is, their respective clients are sticking to their agreement of being separated.

Stamp Reporter has remarked that the appeal may not be maintainable. Sub-section (2) in section 13-B, Hindu Marriage Act, 1955 requires parties to make second motion not earlier than 6 months and not later than 18 months, after filing of the joint petition. As such, there is clarity in the provision. We accept remark made by the Stamp Reporter and hold that the appeal is not maintainable. However, we do observe that in event parties once again file second motion within the prescribed period, the 2 FAPLD No. 919 of 2025 provision will then stand attracted for being acted upon, to grant mutual divorce, irrespective of mediation continuing or remains pending at that time.