Case Name : Amardeep Singh vs Harveen Kaur
Case Reference: (2017) 8 SCR 925 :
Neutral Citation:
Case Number: CA 11158/2017
Court: Supreme Court
Bench: 02
Coram: Adarsh Kumar Goel (Author), Uday Umesh Lalit
Date: 12.09.2017
Waiting period for second motion is discretionary not mandatory (Para 21) Court must be consider the following points before waiving the six month period (Para 18) 18 months of separation of parties have passed, before the first motion itself :: Statutory period of six months specified in section 13B(2), in addition to the statutory period of one year under section 13B(1) (Para 18(i)) All efforts for mediation, conciliation to reunite the parties have failed and there is no likelihood of success (Para 18(ii)) CPC - Order XXXIIA rule 3, HMA - Section 23, Family Courts - Section 9 Parties have genuinely settled their differences including alimony, custody of child, or any other pending disputes (Para 18(iii)) The waiting period will prolong their agony (Para 18(iv))
The waiver application can be filed one week after the first motion, giving reasons for the prayer of waiver. (Para 19)
Courts can use the medium of video conferencing, and even permit genuine representation of parties through close relations such as parents or siblings, where they are unable to appear in person for any just and valid reasons as may satisfy the Court, to advance the interest of justice. (Para 22)
Refer also: Kailash vs Nanhku, (2005) 4 SCC 480
See also: Constitution - Article 142