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HIGH COURT OF DELHI
Date of Decision: 19.05.2026
SMRITI VERMA @ SAMRITI ANAND .....Appellant
Through: Mr. Siddharth Joshi, Mr. Tejendra Singh, Mr. Sourabh Gupta, Mr. Mohd. Zaki, Ms. Leena, Advs.
Through: Appearance not given.
HON'BLE MS. JUSTICE RENU BHATNAGAR
JUDGMENT
1. The present appeal assails order dated 24.04.2026 (“impugned order”) passed by the learned Principal Judge, Family Courts, East- District, Karkardooma Courts, Delhi (“Family Court”) in HMA NO. 760/26, whereby, the application for waiver of the 06 months cooling period after the First Motion under Section 13-B(2) of the Hindu Marriage Act, 1955 (“HMA”) and consequently, the petition under Section 13-B(2) are dismissed.
2. The case as per the parties is that the marriage between the parties was solemnized on 05.12.2007 as per Hindu rites and ceremonies. Out of the said wedlock, one daughter was born on 31.05.2010, who is in the custody of the appellant-wife. Owing to irreconcilable differences, the parties started living separately from October 2022 and since separation, neither party has cohabited or attempted to cohabit as husband and wife. All attempts at reconciliation by well-wishers, relatives and friends have proved futile, and the marriage has broken down completely and irretrievably.
3. The parties negotiated and executed a comprehensive Deed of Settlement dated 26.02.2026 (“Deed of settlement”) before a Notary Public, deciding to part ways by seeking divorce by mutual consent and resolving all matters in dispute arising from their matrimonial relationship. In furtherance of the Deed of Settlement, the First Motion Petition under Section 13-B(1) of the HMA was filed before the Family Court. After recording the joint statement of the parties and being satisfied about the voluntariness of consent and the terms of the settlement, the Family Court allowed the First Motion Petition vide Judgment dated 18.03.2026.
4. The parties on 15.04.2026 filed the Second Motion Petition under Section 13-B(2) of the HMA before the Family Court, along with application for waiver of the 06 months cooling period. The Family Court vide the impugned order dated 24.04.2026, dismissed the application for waiver of the 06 months cooling period and consequently, the petition under Section 13-B(2). Aggrieved thereby, the present appeal has been filed.
5. It is contended that insistence upon the statutory waiting period would only perpetuate mental agony and prolong litigation despite the marriage having irretrievably failed in substance, and parties have also amicably resolved all matters in dispute arising from their matrimonial relationship. Reliance is placed upon Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, wherein the Supreme Court held that the six months cooling period is directory and not mandatory, and the Second Motion Petition can be filed one week after the First Motion.
6. Heard both sides.
7. The Relevant portion of Amardeep Singh v. Harveen Kaur (supra) is reproduced herein below: -
(emphasis added)
8. The six months period under Section 13-B(2) of the HMA is directory and not mandatory. In the facts and circumstances of the present case, we are satisfied that there is no possibility of parties resuming cohabitation. As already noted above, the parties have been living separately since October 2022 and since separation, neither party has cohabited or attempted to cohabit as husband and wife. All attempts at reconciliation have proved futile, and the marriage has broken down irretrievably. Moreso, the parties have also genuinely settled their differences including alimony, custody of child, etc, as per the Deed of Settlement.
9. Therefore, in view of the above, the impugned order dated 24.04.2026 passed by the Family Court is set aside and the six months cooling period under Section 13-B(2) of the HMA is, hereby, waived. The Second Motion Petition under Section 13-B(2) is also revived and restored to its original number. The matter is remanded back to the Family Court to decide the Second Motion Petition under Section 13- B(2) of HMA, as expeditiously as possible, in accordance with law.
10. The present appeal stands disposed of in the above terms. Pending application(s), if any, also stand(s) disposed of.
VIVEK CHAUDHARY (JUDGE)
RENU BHATNAGAR (JUDGE) MAY 19, 2026