In a significant development for couples seeking divorce by mutual consent, the Gujarat High Court has ruled that the six-month “cooling-off” period prescribed under Section 13B of the Hindu Marriage Act is not compulsory and can be waived in appropriate cases.
According to media reports, under Section 13B, when a husband and wife jointly approach a Family Court seeking divorce by mutual consent, the law generally provides a six-month waiting period. This time is meant to allow the couple an opportunity to reconsider their decision and attempt reconciliation. If, during this period, the spouses decide to resume cohabitation, the law permits them to do so.
However, the High Court clarified that this waiting period is not mandatory in situations where reconciliation is clearly impossible and both parties have made a firm and informed decision to dissolve the marriage, according to media reports.
A Division Bench comprising Justice Sangeeta K. Vishen and Justice Nisha M. Thakor set aside a Family Court order that had rejected a couple’s plea for divorce by mutual consent solely on the ground that the six-month cooling-off period had not been completed. The High Court declared the Family Court’s decision invalid and void, holding that courts have the discretion to waive the waiting period in deserving cases.
The bench observed that when both spouses are resolute about separation and there is no chance of reunion, forcing them to undergo a prolonged waiting period only adds to their mental and emotional distress.
The court further noted that in the present case, the husband and wife had already been living separately for more than one year before filing their application under Section 13B. Both parties had freely given consent for divorce, and the statutory requirements under Section 13B(1) had substantially been met. As a result, the six-month cooling-off period and the one-year separation requirement had, in effect, already elapsed.
Taking into account the unequivocal stand of both parties and the absence of any possibility of restoring their marital relationship, the court concluded that denying their request would only prolong their suffering.
This ruling is expected to provide major relief to couples stuck in irretrievably broken marriages and will serve as an important precedent in cases where mutual divorce is sought and reconciliation is not feasible.
Also Read: The Gujarat High Court refused to give relief of 6 month cooling period to a couple seeking a mutual divorce after just 12 days of marriage https://www.vibesofindia.com/the-gujarat-high-court-refused-to-give-relief-of-6-month-cooling-period-to-a-couple-seeking-a-mutual-divorce-after-just-12-days-of-marriage-%ef%bf%bc/
