Introduction
The mandatory six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act has long been a point of debate in mutual consent divorce cases. The Supreme Court’s judgment in Amardeep Singh v. Harveen Kaur (2017) resolved this uncertainty by holding that the cooling-off period is directory, not mandatory. When reconciliation is impossible and all disputes are settled, courts may waive the waiting period to prevent unnecessary hardship.
Background of the Case
- Marriage: January 1994
- Children: Two (born in 1995 and 2003)
- Separation: Since 2008
Over the years, the spouses were involved in multiple civil and criminal disputes. In April 2017, they finally reached a comprehensive settlement covering maintenance, custody, and all pending issues. Both parties decided to seek divorce by mutual consent.
Given that they had already lived separately for more than eight years, they requested the court to waive the six-month cooling-off period required before the second motion under Section 13B
Facts Considered by the Supreme Court
1. Long separation period
The parties had been living apart for more than eight years.
2. Failed reconciliation attempts
All mediation or conciliation efforts were unsuccessful.
3. Genuine and voluntary settlement
The spouses resolved all issues related to alimony, custody, and pending litigation.
4. Waiting period causing hardship
Further delay would only prolong their emotional and practical difficulties.
Legal Issue Before the Court
Whether the six-month cooling-off period under Section 13B(2) is mandatory or directory, and whether courts are empowered to waive the period when all conditions for mutual consent divorce are satisfied.
Supreme Court’s Judgment
1. Section 13B(1) is mandatory
The requirement of one year of separation before filing the first motion must be met.
2. Section 13B(2) is directory, not mandatory
The six-month cooling-off period may be waived at the court’s discretion.
3. Courts do NOT need to invoke Article 142
Family Courts and High Courts themselves can waive the period where justified.
Conditions for Waiver Laid Down by the Court
The cooling-off period may be waived when:
- The statutory one-year separation under Section 13B(1) is already completed.
- All mediation and conciliation efforts have failed.
- The parties have genuinely settled all financial, custodial, and other issues.
- The waiting period would only prolong their hardship.
A waiver application may be filed even one week after the first motion.
Relevant Extract from the Judgment
“The object of the cooling-off period is to enable the parties to reflect on their decision. However, where the Court is satisfied that a marriage has irretrievably broken down, that all efforts at reconciliation have failed, and that the parties have genuinely settled all issues, the waiting period of six months under Section 13B(2) can be waived to prevent unnecessary hardship.”
— Supreme Court of India, 2017
Full Judgment:
https://indiankanoon.org/doc/79830357/
Key Legal Principle Established
The judgment ensures that procedural requirements do not become barriers to justice. When a marriage is conclusively beyond repair and all issues are amicably resolved, courts should facilitate a dignified and timely separation rather than prolonging the parties’ suffering through rigid timelines.
Legal Takeaway
The ruling in Amardeep Singh v. Harveen Kaur makes mutual consent divorce more flexible, humane, and responsive to real-life circumstances. Couples who have genuinely settled their disputes and have no possibility of reconciliation may request courts to waive the six-month waiting period for a faster and smoother dissolution of marriage.
Those seeking to understand whether they qualify for such waiver can consult an experienced divorce lawyer in Delhi for guidance on procedure, requirements, and documentation.
