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⚖️ LEGAL LEARNING — SHRI GANPATI JURISTS ⚖️
📚 Case: Misha Somani v. Rituraj Somani (Supreme Court)
🔹 Key Principle:
The six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act, 1955 is discretionary, not mandatory.
🧾 Held:
If the Court is satisfied that:
✔️ The marriage has irretrievably broken down
✔️ The parties have been living separately for a long period
✔️ There is no possibility of reconciliation
then the Court may waive the statutory waiting period to prevent unnecessary hardship to the parties.
⚖️ The Supreme Court clarified that the conditions laid down in
Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 are illustrative, not exhaustive.
🏛️ The Supreme Court also exercised its power under Article 142 of the Constitution of India to grant divorce by mutual consent and made the settlement agreement part of the decree to ensure complete justice.
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