CHENNAI — The II Additional Family Court at Chennai, has granted a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, after waiving the statutory six-month cooling-off period.

The Court relied upon the landmark Supreme Court precedent in Amar Deep Singh v. Harveen Kaur, noting that all pending disputes between the parties had been amicably settled and there was no scope for reconciliation or reunion.

Factual Background:

The marriage between the parties, was solemnized on August 20, 2021, at Tirumala, Andhra Pradesh, and subsequently registered with the Marriage Registrar, Tirumala. Out of the wedlock, a daughter named Shaniika J. was born.

Due to temperamental incompatibility and differences, the couple separated on November 24, 2022. Despite mediation efforts by relatives, the marital relationship could not be restored. Consequently, the parties decided to dissolve their marriage by mutual consent.

Submissions & Arguments on Behalf of the Petitioners:

Representing the petitioners, it was argued by Mr Rahul Jagannathan before the Family Court highlighted that the marriage had irretrievably broken down with no possibility of a reunion. The key terms of the compromise and arguments submitted included:

• Withdrawal of Prior Litigation: The 1st petitioner agreed to withdraw his pending petition, O.P. No. 2501/2023, following the comprehensive settlement reached between the parties.
• Child Custody & Support: It was agreed that the 2nd petitioner (mother) would be appointed as the natural guardian with permanent custody of the minor child. The 1st petitioner voluntarily undertook to bear all maintenance and education expenses of the child, while retaining visitation rights based on mutual convenience and the child’s best interests.
• Relinquishment of Claims & Alimony: Both parties relinquished all rights to past, present, or future maintenance and permanent alimony against each other. They affirmed that all personal belongings, articles, and valuables had already been exchanged.
• No Future Litigation: Both parties gave an undertaking not to institute any future civil or criminal proceedings against each other or their respective family members/friends.
• Waiver Application: The parties submitted that their consent was voluntary—free from threat, coercion, or undue influence—and requested the Court to waive the mandatory six-month waiting period to prevent unnecessary hardship.

Court’s Observations & Order

The joint petition was initially presented on June 19, 2026, and adjourned to December 21, 2026, to satisfy the statutory six-month waiting period under Section 13-B(2) of the HMA. However, on July 24, 2026, the petitioners moved applications to advance the hearing date and waive the remaining waiting period.

The Court allowed the advance application and took up the second motion for final hearing. Applying the principles laid down by the Supreme Court in Amar Deep Singh v. Harveen Kaur, the Family Court observed:

1. The parties had lived separately since November 2022, well over the statutory requirement.
2. All claims, counterclaims, and pending litigation (O.P. No. 2501/2023) had been settled or withdrawn.
3. The parties firmly reiterated their stand for divorce on their own volition, and there was no meeting of minds or possibility of a reunion.

“The petitioners have settled their issues amicably which is evident from the pleadings and the evidence… There is no meeting of minds between the parties and there is no scope for reunion. Hence this court arrives at a conclusion that the grant of divorce by mutual consent would meet the ends of justice.” — II Additional Family Court, Chennai

Accordingly, the Court allowed the waiver petition, dispensed with the remainder of the six-month waiting period, and issued a decree dissolving the marriage solemnized on August 20, 2021, under Section 13-B of the Hindu Marriage Act, 1955