Shiksha Kumari vs Santosh Kumar

ik-43933133 Delhi High Court 17 December 2025 • 46 min read

Judges (3)

Anup Jairam Bhambhani Delivered Navin Chawla Coram Renu Bhatnagar Coram

Counsel (10)

Aashna Chawla Counsel Appellant Ajay Sabharwal Counsel Appellant Pratham Malik Counsel Respondent Raghav Vij Counsel Respondent Rajshekhar Rao Counsel Amicus Ritul Sharma Counsel Respondent Saurabh Kansal Counsel Respondent Suraj Kumar Counsel Respondent Wamic Wasim Nargal Counsel Appellant Zahid Laiq Ahmed Counsel Appellant

Parties (2)

Santosh Kumar Respondent Shiksha Kumari Appellant

Case Significance

Shiksha Kumari vs Santosh Kumar is a Delhi High Court decision dated December 17, 2025 (citation: ik-43933133). A Full Bench (three-judge) reference on whether courts can waive the one-year separation period required under Section 13B(1) of the Hindu Marriage Act before parties can present a mutual consent divorce petition. The Court held that the one-year requirement can be waived by the Family Court, District Court, or High Court where the parties have been living separately for over one year, are unable to live together, and have mutually agreed to dissolve the marriage, with adequate safeguards aga The bench comprised Justices Anup Jairam Bhambhani, Navin Chawla and Renu Bhatnagar. The judgment was delivered by Justice Anup Jairam Bhambhani.

Summary

A Full Bench (three-judge) reference on whether courts can waive the one-year separation period required under Section 13B(1) of the Hindu Marriage Act before parties can present a mutual consent divorce petition. The Court held that the one-year requirement can be waived by the Family Court, District Court, or High Court where the parties have been living separately for over one year, are unable to live together, and have mutually agreed to dissolve the marriage, with adequate safeguards against misrepresentation. If waiver is found to have been obtained by misrepresentation, the court may defer the divorce or dismiss the petition.

What was the outcome of Shiksha Kumari vs Santosh Kumar?

A Full Bench (three-judge) reference on whether courts can waive the one-year separation period required under Section 13B(1) of the Hindu Marriage Act before parties can present a mutual consent divo...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-43933133)