In India, divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, typically includes a mandatory six-month waiting period after the filing of the first motion. This cooling-off period is meant to allow couples time to reconsider their decision. However, in certain situations, courts have waived this requirement, allowing couples to dissolve their marriage without delay. This article explores the circumstances under which a quick divorce can be granted, along with key case references for a better understanding of the legal provisions.

Legal Basis for Waiving the Six-Month Waiting Period

The six-month waiting period can be waived under exceptional circumstances if the court believes reconciliation is unlikely. According to a Supreme Court judgment in Amardeep Singh v. Harveen Kaur (2017), the cooling-off period under Section 13B(2) is not mandatory and can be waived if certain conditions are met. The court observed that the waiting period can be set aside when:

• The statutory period of one year since separation has already been met.
• The couple has genuinely attempted reconciliation and failed.
• The mutual consent is genuine and free from coercion or undue influence.
• There are no pending disputes related to alimony, child custody, or other issues.
• This judgment has been instrumental in providing relief to couples who wish to expedite the divorce process. It acknowledges that prolonging a failed marriage serves no constructive purpose, especially when both parties are resolute in their decision.

Key Case Reference: Amardeep Singh v. Harveen Kaur

In the landmark case of Amardeep Singh v. Harveen Kaur, Civil Appeal No. 11158 of 2017, the Supreme Court held that the six-month waiting period under Section 13B(2) of the Hindu Marriage Act is not mandatory but discretionary. This judgment paved the way for courts across India to waive the cooling-off period in cases where:

• The couple has been living separately for over a year.
• There is no possibility of reconciliation.
• Both parties have amicably settled alimony, custody, and other issues.

In this case, the Supreme Court allowed the couple to bypass the six-month waiting period, stressing that if the marriage has irretrievably broken down, it would serve no purpose to force the parties to wait.

Key Points from Amardeep Singh v. Harveen Kaur

• Discretionary Power: The judgment clarified that while the cooling-off period aims to prevent impulsive decisions, it is not a strict mandate. Courts have the discretion to waive it if the conditions are met.
• Irretrievable Breakdown of Marriage: If it's evident that the marriage has no chance of revival, the court may prioritize the interests of both parties by granting a quicker divorce.
• Alimony and Custody Settlements: The case underscored the importance of resolving all pending issues like alimony and child custody before seeking a waiver.

Additional Case Reference: Suman v. Surendra Kumar

In Suman v. Surendra Kumar (2020), the Madhya Pradesh High Court applied the principles from Amardeep Singh v. Harveen Kaur. The couple had been living apart for two years, and attempts at reconciliation had failed. Both parties had amicably settled financial matters, and they petitioned to waive the cooling-off period. Citing the Supreme Court's precedent, the High Court granted the divorce without the six-month waiting period, highlighting that the mutual decision to part ways must be respected when there's no possibility of reconciliation.

Applying for Waiver of the Cooling-Off Period

• File a Joint Petition: Submit a mutual consent divorce petition under Section 13B.
• Request Waiver of Waiting Period: In the petition, explain why the waiver is necessary, citing attempts at reconciliation and proof of settlement on all issues.
• Appear Before the Court: Both parties must appear in court for the hearing, confirming their consent.
• Court Decision: The judge will assess whether the marriage has irretrievably broken down and if reconciliation efforts have failed.

The waiver of the six-month cooling-off period in divorce cases provides a relief mechanism for couples who have reached an amicable settlement and wish to move on with their lives. Precedents like Amardeep Singh v. Harveen Kaur have empowered courts to allow quick divorces where the intent is genuine, reducing the burden on individuals caught in a failed marital relationship.

Written By: Prithwish Ganguli, Advocate, LLM (CU), MA in Sociology (SRU), MA in Criminology & Forensic Sc (NALSAR), Dip in Psychology (ALISON), Dip in Cyber Law (ASCL), Dip in International Convention & Maritime Law (ALISON), Faculty, Heritage Law College, Kolkata
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