Introduction:

In a recent judgment delivered by the IV Additional Family Court at Chennai, the marriage solemnized between husband and wife on September 16, 2019, has been formally dissolved by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. The Court exercised its discretion to waive the remainder of the statutory cooling-off period, taking into account the prolonged separation of the parties and the breakdown of reconciliation efforts.

Background & Procedural History:

The marriage between the parties was solemnized on September 16, 2019, at Thiruvanmiyur, Chennai, according to Hindu rites and customs, and was subsequently registered with the Joint-I Sub-Registrar, Saidapet. The couple has a minor child, born on October 21, 2020.

Due to irreconcilable differences, the couple has been living separately since December 19, 2023. Initially, the 1st petitioner-husband had instituted proceedings seeking divorce in O.P. No. 3736 of 2024, alongside maintenance cases. However, following extensive deliberations, both parties arrived at an amicable settlement, leading to the withdrawal of the earlier original petition on August 4, 2026, and the filing of a joint petition for mutual consent divorce under Section 13-B of the HMA on August 3, 2026.

Terms of Settlement & Arguments Advanced:

Under the terms of the mutual settlement, both parties agreed to a complete and final cessation of all marital obligations, counterclaims, and maintenance demands.

Key Provisions for the Second Petitioner (Wife) and Minor Child:

• Permanent Custody and Guardianship:The 2nd petitioner (wife) is appointed as the natural guardian and granted permanent custody of the minor child. She retains exclusive decision-making authority regarding the child’s education, admission, healthcare, medical treatments, international or domestic travel, passport renewal, and any official or school records name updates.
• Financial Provision for the Child:The 1st petitioner agreed to pay a lump sum of  1,50,00,000/- (Rupees One Crore and Fifty Lakhs only) as a one-time settlement towards the welfare, upbringing, education, and future needs of the minor child. This amount was disbursed via Demand Drafts into the designated bank account held in the child’s name at ICICI Bank, MG Road Branch, Chennai.
• Alimony and Maintenance Waiver:Both petitioners mutually relinquished and waived all past, present, and future claims regarding maintenance and permanent alimony against each other.
• Visitation Rights:The 1st petitioner-father is granted visitation rights to spend time with the minor child on the first and second Sunday of every month between 3:00 PM and 6:00 PM at a mutually agreed public place, accompanied solely by the 2nd petitioner.

Court Observations & Decision:

The matter was listed on September 7, 2026, for the second motion, where both parties appeared as PW1 and PW2, presenting supporting documentation including their marriage certificate, invitation, photographs, and the child’s birth certificate (marked as Ex.P.1 to Ex.P.6).

The Court noted that the parties had been living separately for over two and a half years, and previous counselling sessions had failed to yield a reunion. Citing the rulings of the Apex Court regarding the waiver of the statutory six-month waiting period in cases where the marriage has completely broken down beyond repair, the Family Court advanced the hearing and waived the remainder of the cooling-off period.

Finding that the consent of the parties was free from any force, fraud, or undue influence and that all settlement terms concerning the child’s welfare had been fulfilled, the Court allowed the petition.

The marriage solemnized on September 16, 2019, stands dissolved under Section 13-B of the Hindu Marriage Act, 1955, with no order as to costs.