Mutual Consent Divorce (13B): Waiver of the 6-Month Cooling Period
When the Family Court can waive the six-month cooling period in a Section 13B mutual consent divorce, under Amardeep Singh v. Harveen Kaur (2017).
Mutual Consent Divorce and the Six-Month Gap
Under Section 13B of the Hindu Marriage Act, 1955, a husband and wife who have lived separately for a year or more can jointly ask the Family Court to dissolve their marriage. The joint petition is the first motion. Section 13B(2) then says the second motion can't be moved earlier than six months after the petition is presented, or later than eighteen months. For couples who've already settled everything, that wait is hard.
1. What Amardeep Singh v. Harveen Kaur Decided
In Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746, the Supreme Court of India held that the 6-month cooling period prescribed under Section 13B(2) is directory and not mandatory. The court hearing the petition may waive it on an application by the parties. It's a discretion exercised on the facts of each case, and neither side can claim it as a right.
The judgment gives the court a discretion. It doesn't give the parties a shortcut.
2. What the Court Looks At
- The one-year separation under Section 13B(1) and the six-month period under Section 13B(2) had both run out before the first motion was filed.
- Mediation and conciliation, including under Order XXXII-A Rule 3 CPC, Section 23(2) of the Hindu Marriage Act and Section 9 of the Family Courts Act, have failed, and further efforts aren't likely to succeed.
- The parties have genuinely settled their differences, including alimony, Istridhan, custody of any child and other pending issues.
- The waiting period will only prolong the agony and impede the rehabilitation of the parties.
3. How the Application Is Moved in Ghaziabad
The joint petition and the settlement terms are filed before the Principal Family Court, Ghaziabad. Under Amardeep Singh, the waiver application can be moved one week after the first motion, with reasons. If the court allows it, the second motion can be heard without waiting out the six months. If it refuses, the second motion follows the usual period under Section 13B(2). Nobody can promise which way the court will decide.
Facing a Similar Legal Issue in Ghaziabad or High Court?
Meet Advocate Vishu Kushwaha at Shop No 6, K Block, Kavi Nagar Market, Ghaziabad, Uttar Pradesh 201002. Cases are filed and heard at the District Court, Ghaziabad.