Fill in Application to Waive the Six-Month Period (Section 13-B(2))

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Application to Waive the Six-Month Period (Section 13-B(2))

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Husband's full nameNeeded

For example: Vikram Chopra

Husband's addressNeeded

House / flat / plot no.

Street, sector or locality

City area and PIN code

Wife's full nameNeeded

For example: Ritika Chopra

Wife's addressNeeded

House / flat / plot no.

Street, sector or locality

City area and PIN code

Family Court (or District Court exercising family jurisdiction) hearing the first motionNeeded

For example: THE FAMILY COURT, PANCHKULA

Case/petition number of the first motionNeeded

For example: HMA No. 118 of 2026

Date the first motion was presentedNeeded

A calendar date — the day, the month and the year. Dates in a document like this are read against one another, so a date typed here can change what another date is allowed to be.

How long the parties had already lived separately before the first motionNeeded

For example: Two years and four months

Confirmation that all disputes have been genuinely settledNeeded

State that custody, alimony, stridhan and property have all been settled, referring back to the terms recorded in the first motion.

A long answer. Several lines are fine, and a break you make between paragraphs is the break the document keeps.

For example: All disputes between the parties, including alimony and division of joint property, were finally settled and recorded in the first motion petition, and nothing remains outstanding between them.

Efforts at reconciliation and why they have failedNeeded

A long answer. Several lines are fine, and a break you make between paragraphs is the break the document keeps.

For example: The parties, together with their respective families, made genuine efforts at reconciliation over several months before the first motion, without success, and there is no likelihood of reconciliation between them.

Why the parties are asking the waiting period to be waivedNeeded

A long answer. Several lines are fine, and a break you make between paragraphs is the break the document keeps.

For example: Continuing the statutory waiting period would only prolong the agony of the parties without any possibility of reconciliation, and both parties wish to move forward with their separate lives at the earliest.

Punjab or ChandigarhNeeded

the State of Punjabthe Union Territory of Chandigarh

Advocate's nameYou may leave this

For example: Rajeev Malhotra, Advocate

Date of filing this applicationNeeded

A calendar date — the day, the month and the year. Dates in a document like this are read against one another, so a date typed here can change what another date is allowed to be.

Place of verificationNeeded

For example: Panchkula

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IN THE COURT OF __________

__________

APPLICATION UNDER SECTION 13-B(2) OF THE HINDU MARRIAGE ACT, 1955, FOR WAIVER OF THE STATUTORY PERIOD, READ WITH AMARDEEP SINGH v. HARVEEN KAUR, (2017) 8 SCC 746

IN THE MATTER OF

__________, resident of __________ ... APPLICANT NO. 1

AND

__________, resident of __________ ... APPLICANT NO. 2

MOST RESPECTFULLY SHOWETH:

1. That the Applicants presented the first motion of their joint petition for divorce by mutual consent under section 13-B(1) of the Hindu Marriage Act, 1955 before this Hon'ble Court on __________, registered as __________.

2. That before presenting the first motion, the Applicants had already lived separately for __________, well in excess of the one-year minimum required by section 13-B(1) of the Act.

3. That __________

4. That __________

5. That the Hon'ble Supreme Court, in Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, has held that the period of six months prescribed by sub-section (2) of section 13-B of the Hindu Marriage Act, 1955 is directory and not mandatory, and that it may be waived where the Court is satisfied that the parties have genuinely settled their differences, that there is no likelihood of reconciliation, and that they have already lived separately for a period exceeding the statutory minimum before the first motion, so as to shorten the period of their agony.

6. That __________

7. That this application is filed in __________, in the same proceeding as the first motion referred to above.

PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to waive the period of six months prescribed by sub-section (2) of section 13-B of the Hindu Marriage Act, 1955, and permit the Applicants to move the second motion of their joint petition before the expiry of that period.

APPLICANT NO. 1 APPLICANT NO. 2

VERIFICATION

Verified at __________ on __________ that the contents of paragraphs 1 to 7 of this application are true and correct to our respective knowledge, that no part of it is false and that nothing material has been concealed therefrom.

APPLICANT NO. 1 APPLICANT NO. 2

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