Law
Can the 6-Month Cooling-Off Period Be Waived in Mutual Divorce?
By Divorce Setu Editorial Team · Updated · 5 min read
Quick answer
Yes, the 6-month cooling-off period can be waived. The Supreme Court held in Amardeep Singh v. Harveen Kaur (2017) that it is directory, not mandatory, so a family court can waive it if certain conditions are met, such as failed reconciliation and a full settlement. It is the court's discretion and is not guaranteed.
Many couples who have already been apart for years are frustrated to learn that a mutual divorce still involves a six-month wait between the first and second motion. The good news is that this wait can be waived. Here is when and how.
What is the cooling-off period?
Section 13B(2) of the Hindu Marriage Act says the second motion can be made not earlier than six months after the date the petition is presented (the first motion), and not later than eighteen months after that date. The purpose is to give both spouses time to reconsider and possibly reconcile.
Is the 6-month period mandatory?
No. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month period is directory, not mandatory. A family court has the discretion to waive it, if the case meets certain conditions.
Conditions for waiver (Amardeep Singh)
The Supreme Court said the court can waive the period where:
- The statutory waiting periods (the one-year separation, and the six-month period) are already over before the first motion is filed.
- Efforts at mediation or conciliation have been made and there is no likelihood of reconciliation.
- The parties have genuinely settled all their differences, including alimony, custody of children and any other pending issues.
- Waiting further would only prolong their suffering.
How do you ask for a waiver?
- Your lawyer files a waiver application along with, or soon after, the first motion.
- The application explains how the conditions above are met, for example, how long you have lived apart and that all terms are settled.
- Both spouses may need to affirm the settlement before the judge.
- The judge decides. If allowed, the second motion can be heard earlier instead of after six months.
Why courts sometimes refuse
- The settlement is incomplete or unclear on alimony or custody.
- The couple has not been separated long enough, or there are signs one spouse is under pressure.
- The court believes reconciliation is still possible.
- A particular bench takes a stricter view of waiving the period.
Can the Supreme Court dissolve a marriage directly?
In some cases the Supreme Court has used its special powers under Article 142 of the Constitution to end a marriage that has broken down beyond repair, without waiting for the usual periods. This is exceptional and not something a family court can do, so most couples rely on the waiver route described above.
To understand the full journey, read the mutual divorce process in India, or start your mutual divorce and ask your lawyer whether a waiver is realistic for you.
Frequently asked questions
- Can the 6-month waiting period be reduced?
- Yes. A family court can waive it if the conditions laid down in Amardeep Singh v. Harveen Kaur (2017) are met. The decision rests with the judge.
- What is the maximum gap between the two motions?
- Under Section 13B(2), the second motion should be made within eighteen months of the date the petition was presented. If it is not, the petition may lapse.
- How fast can a mutual divorce be finished with a waiver?
- It varies by court. If the waiver is granted, the second motion can be heard much earlier, but timelines depend on the court's schedule.