Where the marriage is beyond repair and all issues are genuinely settled, courts can and do waive the statutory cooling-off period.
Section 13B of the Hindu Marriage Act contemplates two motions separated by six months. That interval exists to give parties time to reconsider — not to prolong a settled decision.
When waiver is granted
Courts consider whether the parties have already lived separately for the statutory period, whether all disputes including maintenance, custody and property are genuinely resolved, and whether mediation efforts have been exhausted.
What a waiver application should establish
- The date of separation, supported by material
- A comprehensive settlement covering every claim between the parties
- That the waiting period would serve no purpose beyond prolonging distress
Where custody of a minor is involved, courts examine the arrangement on its own merits regardless of what the parties have agreed.
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#mutual consent
This article is general commentary, not legal advice. Outcomes turn on the facts of each matter —
please consult an advocate before acting on anything you read here.