01/04/2026
*Supreme Court of India, SLP (C) No.3775/2026 Misha Somani vs. Rituraj Somani.* "Para 21. The Family Court, as well as the High Court, have misconstrued the judgment of this Court in Amardeep Singh v. Harveen Kaur (supra) and proceeded on the basis that this Court has held that the conditions specified in para 19 of the said judgment, quoted hereinabove, are mandatory and that the statutory waiting period of six months under Section 13-B(2) can only be waived if all the aforesaid conditions are fulfilled, including, in particular, the condition of separation of at least one-and-half year’s before making the motion for decree of divorce.”
When the parties have taken a conscious decision to seek a decree of divorce by mutual consent under Section 13B of the Act, there is no point in keeping the marriage continuing.
