Amardeep Singh v. Harveen Kaur (2017): Waiving the Six-Month Cooling-Off Period

Reviewed by the AM Legal team, led by Advocate Anant Misra · Updated October 2026 · 3 min read

Background

Under Section 13B(2) HMA, after the first motion for mutual consent divorce, the court cannot pass a decree for at least six months. A Division Bench of the Supreme Court looked at whether that period is a rigid rule or a safeguard that courts can relax. The parties in the case had already been living apart for a long time and had settled their disputes, so the delay served no purpose.

The question before the Court

Is the statutory cooling-off period of six months in Section 13B(2) mandatory, so that no court can waive it, or is it directory, allowing the court to dispense with it in an appropriate case?

What the Court held

The Court held that the period is directory. It is meant to give time for reconciliation, but if there is no chance of reconciliation, insisting on it is pointless. The Court said waiver is possible if all of these conditions are met:

1. The statutory separation period of one year under Section 13B(1) has been completed before the first motion.
2. All efforts at mediation and conciliation have failed, and there is no chance of reconciliation.
3. The parties have genuinely settled their differences, including alimony, custody and other issues.
4. Waiting for the statutory period would only prolong their agony.

The family court can waive the period on an application, after satisfying itself that these conditions are met.

Impact in practice

Since 2017, Delhi family courts regularly consider waiver applications with the first motion. A well-prepared application with evidence of long separation, a full settlement and a statement that mediation failed is often allowed. In 2023 a Constitution Bench in Shilpa Sailesh v. Varun Sreenivasan confirmed this approach and extended it to the Supreme Court's own Article 142 powers. See waiver of the cooling-off period.

Limits

The decision does not remove the one-year separation requirement. Consent must continue until the decree, and a spouse can withdraw it. See how to withdraw a mutual consent divorce petition. Courts may also refuse waiver where the settlement is incomplete or there is a real possibility of reconciliation.

For help preparing a waiver application, contact our mutual divorce lawyers. Also read latest Supreme Court judgments on mutual divorce.

Frequently asked questions

What did Amardeep Singh v. Harveen Kaur decide?

That the six-month cooling-off period under Section 13B(2) HMA is directory and can be waived by the family court if four conditions are met.

When was the case decided?

In 2017, by a two-judge bench of the Supreme Court.

Does the judgment remove the one-year separation rule?

No. The one-year separation under Section 13B(1) must still be complete.

Can the family court in Delhi waive the period?

Yes, on an application with supporting facts and a settlement.

Is the case still good law?

Yes. The Constitution Bench in Shilpa Sailesh (2023) approved the approach.

Related guides

• Waiver of cooling-off period
• Latest Supreme Court judgments on mutual divorce
• Mutual divorce process
• Mutual consent divorce in Delhi

Where we can help

• Mutual divorce lawyer in Delhi
• Supreme Court lawyer in Delhi
• Divorce lawyer in Delhi
• Book an appointment

This page is general legal information for readers in India, not legal advice, and no lawyer-client relationship is created by reading it. Laws and court practice change, so confirm the current position with a qualified advocate before acting. AM Legal, 2589 Hudson Lane, GTB Nagar, Delhi 110009.