Ms. Kaur, Section 13-B of the Hindu Marriage Act, 1955 requires a waiting period of six months between the first and second motion. Are you asking us to bypass a statutory provision? On what legal basis?

My Lord, the petitioner relies on the plenary power of this Court under Article 142 of the Constitution of India. This Court has consistently held that the waiting period under Section 13-B of the Hindu Marriage Act, 1955 is directory, not mandatory. In Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746, this Court held that where the parties have been living separately for a sufficient period, all disputes are settled, and both consent, the court can waive the waiting period to do complete justice. The parties here have been married since 2011 and have been living separately for many years. There is no possibility of reconciliation. The settlement is comprehensive. The waiting period would only prolong the agony and serve no purpose.

Rs. 4 crores is a substantial amount. How did the parties arrive at this figure? Is this a fair settlement considering the wife's future needs, her age, and her earning capacity?

My Lord, the amount of Rs. 4 crores was arrived at through negotiations between the parties, both of whom are educated and legally aware. The petitioner-wife is giving up all claims to maintenance, stridhan, residence rights, and any share in the husband's property. The amount is calculated to provide her with a secure future — invested prudently, it can generate approximately Rs. 2-3 lakhs per month in interest, which is more than what she might have received as periodic maintenance. The Court has the discretion to direct that the amount be placed in a fixed deposit to ensure long-term security. The petitioner-wife considers this fair, and the Court has interacted with her and confirmed her consent. There is no reason to doubt her voluntary decision.

The Memorandum of Understanding says that the parties will not initiate any further proceedings against each other. What if one party violates this? What remedy does the other party have?

My Lord, the proposed order specifically states that 'the parties shall strictly adhere to the terms of the settlement and the orders of this Court, otherwise, it shall be treated as non-compliance of the directions of this Court.' This means that any future violation — whether filing a new complaint, breaching confidentiality, or interfering in each other's lives — would amount to contempt of court. The aggrieved party can file a contempt petition before this Court. This is a very strong enforcement mechanism, stronger than any remedy in the trial court. The parties understand this, which is why they have agreed to it.

What about the incident where police visited your father's home despite the stay order? Are you satisfied with the explanations given by the Magistrate and police officials?

My Lord, the petitioner is satisfied with the explanations and regret expressed by the concerned Magistrate and police officials. The Court has clarified that this incident shall not form part of their service record. The petitioner does not seek any further action. However, this incident demonstrates the importance of ensuring that all lower courts and police authorities are promptly informed of this Court's orders. The petitioner requests that the Court direct her counsel to serve copies of the final order on all concerned authorities to avoid any recurrence.

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Marriage Irretrievably Broken Down, Settlement Reached — Manpreet Kaur

The parties have been living separately for over a decade, have voluntarily settled all disputes with payment of Rs. 4 crores, and both consent to divorce.

Manpreet Kaur v. Harjyot Singh Bhalla — T.P.(Crl.) No. 569 of 2022

Core Argument

The parties have been living separately for over a decade, have voluntarily settled all disputes with payment of Rs. 4 crores, and both consent to divorce. This Court should exercise its power under Article 142 of the Constitution of India to dissolve the marriage immediately without waiting for the statutory period under Section 13-B of the Hindu Marriage Act, 1955.

Key Precedents

Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 — Supreme Court held that the waiting period under Section 13-B of the Hindu Marriage Act, 1955 is directory, not mandatory, and can be waived by the court where the parties have settled all disputes and there is no possibility of reconciliation.
Shilpa Sailesh v. Varun Sreenivasan (2023) — Supreme Court exercised power under Article 142 of the Constitution of India to dissolve marriage by mutual consent without waiting period where parties had settled all claims.

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