The 6-month wait in mutual divorce can be waived
In one line
Family courts can skip the 6-month cooling-off period in a mutual consent divorce in the right case.
What happened
A couple who had lived apart for over 8 years and settled all their disputes asked to skip the 6-month waiting period between the two motions of their mutual divorce.
What the court decided
- The 6-month period under Section 13B(2) of the Hindu Marriage Act is not compulsory.
- The court can waive it if the couple has been separated for over 1.5 years, mediation has failed, and all issues (alimony, children) are settled.
- The request can be made one week after the first motion, and hearings can be held by video.
What it means for you
- A settled couple may not have to wait 6 months for the final decree.
- Settle money and child custody terms in writing first; the court checks this.
- The family court decides on the facts of each case.
Source: Judgment of the Supreme Court of India in Amardeep Singh v. Harveen Kaur, decided on 12 Sept 2017.
Mutual Consent Divorce (end-to-end)Drafted & signed by an advocate · Within 24 hours
This summary is general information, not legal advice for your situation. Laws change; talk to an advocate before acting.
