Introduction
The six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act, 1955 has traditionally served as a buffer for spouses seeking mutual consent divorce, giving them time to reconsider their decision. However, the Supreme Court’s decision in Amardeep Singh v. Harveen Kaur (2017) changed the legal landscape by holding that the cooling-off period is directory, not mandatory.
This judgment empowered courts to waive the six-month waiting period in genuine cases where reconciliation is impossible and all issues between the parties stand resolved.
Background of the Case
- Marriage: January 1994
- Children: Two (born in 1995 and 2003)
- Separation: Since 2008
Following several years of disputes—both civil and criminal—the parties reached a complete and amicable settlement in April 2017. They agreed that prolonging the divorce process would only increase their emotional and practical hardships.
To expedite dissolution of marriage, they jointly sought waiver of the statutory six-month period between the first and second motions for mutual consent divorce.
Facts Considered by the Supreme Court
- The spouses had lived separately for more than eight years.
- Various attempts at mediation and reconciliation had failed conclusively.
- The settlement agreed upon was genuine, comprehensive, and voluntary.
- Matters relating to maintenance, custody, and pending litigation were fully resolved.
- The continuation of the waiting period would only prolong their suffering.
These circumstances prompted consideration of whether the statutory cooling-off period under Section 13B(2) must be strictly imposed.
Legal Issue Before the Court
Whether the six-month waiting period under Section 13B(2) is mandatory for all mutual consent divorce cases, or whether courts have the power to waive it when reconciliation is not possible.
Supreme Court’s Decision
Section 13B(1) is mandatory?
The one-year separation requirement prior to filing the first motion is essential and cannot be waived.
2. Section 13B(2) is directory, not mandatory
The six-month cooling-off period is not compulsory. It may be waived where circumstances justify immediate dissolution.
3. Article 142 is not required
Family Courts and High Courts can independently waive the cooling-off period based on facts, without invoking the Supreme Court’s extraordinary jurisdiction.
Conditions for Waiver of the Cooling-Off Period
The Court laid down clear criteria for when the six-month period may be dispensed with:
- The parties have already lived separately for more than one year (Section 13B(1) requirement fulfilled).
- All mediation and conciliation efforts have failed, including those under:
- Order XXXII-A Rule 3 CPC
- Section 23(2) of the Hindu Marriage Act
- Section 9 of the Family Courts Act
- The spouses have genuinely settled all outstanding issues, such as alimony, custody, or property concerns.
- The waiting period would only prolong hardship and serve no meaningful purpose.
A waiver application may be filed as early as one week after the first motion.
Relevant Extract from the Judgment
Below is an important excerpt from the Supreme Court’s reasoning:
“The object of the cooling-off period is to enable the parties to reflect on their decision and to consider the possibility of reconciliation. 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 between them, the waiting period of six months under Section 13B(2) can be waived in order to avoid prolonging the agony of the parties.”
— Supreme Court of India, Amardeep Singh v. Harveen Kaur (2017)
Full Judgment PDF:
(Insert hyperlink to: https://api.sci.gov.in/supremecourt/2021/29132/29132_2021_38_3_32025_Judgement_11-Dec-2021.pdf
Key Principle Established
The ruling emphasizes that procedure should not override justice. When reconciliation is impossible and the marital relationship has fully collapsed, courts should not compel parties to remain bound by procedural timelines that only extend suffering.
Legal Takeaway
The decision in Amardeep Singh v. Harveen Kaur is a landmark step toward simplifying mutual consent divorce in India. It recognizes that procedural requirements should not become obstacles when both spouses have conclusively decided to part ways and have resolved all issues peacefully.
Couples facing similar circumstances—where the marriage has broken down beyond repair and settlement terms are finalized—may seek guidance from an experienced divorce lawyer in Delhi to determine whether they qualify for waiver of the six-month cooling-off period and to navigate the required procedure smoothly.
