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Explore the latest Supreme Court judgement on divorce by mutual consent that allows waiving off the mandatory 6-month cooling period, streamlining the mutual divorce procedure in India.
Mutual consent divorce in India refers to a legal dissolution of marriage when both spouses agree that the marriage is beyond repair. It is filed under Section 13B of the Hindu Marriage Act, 1955and involves a two-step process requiring mutual agreement and a short period of separation.
As per the mutual consent divorce procedure, couples must file a joint petition, followed by two motions filed at an interval of six months. This gap was historically known as thecooling-off period.
🤠Mutual consent: Both spouses agree to end the marriage
📋 Format: A prescribed format and process is followed in family court
âš–ï¸ Two motions: Filed with a 6-month waiting period in between
While this system aims to allow for reconciliation, critics point out severaldisadvantages of mutual consent divorce, such as delays, emotional toll, and legal complexity—even when both parties are ready to move on.
The process of mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955, is relatively straightforward when both spouses agree that the marriage has broken down irretrievably and wish to separate legally. Here's a step-by-step guide:
Both parties jointly draft a petition for mutual divorce under Section 13B(1)
Joint petition filed before Family Court with affidavits and required documents
Both spouses appear in court for first motion hearing and statement recording
Originally 6-month wait. Now can be waived based on specific circumstances
After cooling-off period or waiver, second motion filed under Section 13B(2)
Family Court grants divorce decree, legally dissolving the marriage
Note: It is advisable to consult a professional divorce lawyer to draft the final petition accurately, as legal nuances vary case by case.
The law mandates a 6 months waiting period in mutual divorce before a final decree can be passed. This applies after the first motion is filed and is designed to give couples a chance to reconsider their decision.
However, this cooling-off period often serves no real benefit in cases where separation is inevitable. This is where the concept of 6 months waiver in mutual divorce becomes relevant. Courts observed that forcing such couples to wait only prolongs their suffering and clogs the judicial system.
Especially affects women or primary caregivers
Many couples already separated for over a year
Second motion is just a formality in most cases
In response to these concerns, the Supreme Court judgement on waiver of cooling period divorcehas made a massive impact, offering a more flexible and practical solution for willing parties.
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The latest Supreme Court judgement on divorce by mutual consent in theAmardeep Singh v. Harveen Kaur (2017) case made a landmark observation — that the6 months waiting period in mutual divorce can be waived off under specific circumstances. This marked a shift toward a more practical and empathetic approach to separation.
"Supreme Court of India - 8 SCC 746"
According to the ruling, the 6-month period under Section 13B(2) of the Hindu Marriage Actis not compulsory. It is directory, meaning there is no waiting in mutual consent divorcewhen the couple meets certain eligibility conditions.
Lawyers now routinely cite this case when helping clients skip the delay in uncontested divorces.
The landmark ruling has empowered Indian couples to obtain a quicker resolution through mutual divorce. This judgment has brought immense relief to countless individuals stuck in broken marriages where reconciliation is not a possibility.
The ruling clarified that the six-month waiting period under Section 13B(2) is directory, not mandatory. Courts can waive it if satisfied that marriage has irretrievably broken down and all differences are settled.
Couples now have legal backing to approach family court for waiver of cooling-off period, enabling them to end marriage quickly and move on with their lives, reducing mental and emotional stress.
This judgment especially helps women trapped in toxic or abusive marriages who may want a swift and dignified exit. By skipping unnecessary delay, it protects their right to mental peace and fresh start.
Earlier, different courts had different interpretations. Post this judgment, there's legal clarity and consistency across India. All family courts now have authority to waive the period when conditions are fulfilled.
To benefit from the waiver of the 6-month waiting period, the couple must meet certain essential criteria laid down by the Supreme Court. Here's what the court generally considers:
Couple has lived separately for at least one year before filing the first motion
Court must be satisfied there's no chance of reconciliation, despite mediation or counseling
Both parties must mutually agree to divorce with free will, without coercion or undue influence
Maintenance, alimony, custody, visitation rights, and property division should be mutually agreed upon
Over the years, several judgments have strengthened the position that the 6-month period is not an absolute requirement. Some important cases include:
Laid down the principle that the six-month period under Section 13B(2) is not mandatory and can be waived.
Defined the concept of mutual consent and underlined the voluntary nature of such divorces.
Held that even if one party withdraws consent before the second motion, divorce cannot be granted.
These judgments collectively ensure that justice is not delayed unnecessarily when a marriage is genuinely over and both parties wish to part ways peacefully.
If you and your spouse have already been separated for over 1 year and have settled all issues such as maintenance, child custody, and property, you may file an application under Section 13B(2) along with a waiver request. Here's how:
The judgment has brought a major shift in how mutual divorces are viewed and processed in India. Some of the key impacts include:
Couples no longer need to go through additional mental agony if the relationship is irreparable.
Courts can handle uncontested divorce cases more quickly, reducing pendency.
The judgment provides a clear legal standard that can be followed across India.
Recognises the autonomy and maturity of adults in making decisions about their marital life.
The Supreme Court's recognition that every marriage cannot be salvaged, and the process of ending it shouldn't add further trauma, marks a progressive shift in Indian matrimonial law. The power to waive the 6-month cooling-off period in mutual divorce cases aligns legal practice with the realities of modern relationships.
For couples stuck in an irretrievable marriage, this ruling offers a humane, time-sensitive, and legally sound way to start afresh. If you're facing such a situation, speak with a legal expert to understand how you can leverage this judgment in your favour.
The Supreme Court's ruling on waiving the 6-month cooling period represents a paradigm shift towards recognizing the dignity and autonomy of individuals in matrimonial matters, ensuring that the legal system serves justice rather than prolonging suffering.
Talk to JuriGram's family law experts today. We'll guide you through the mutual divorce process, help you apply for waiver of the cooling-off period, and ensure all legal formalities are properly handled.
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