Whether time period of 6 months can be waived in mutual divorce case?

A marriage is a relation which is considered to be a pious and pure within the Indian society. It is considered to be an amalgamation of two souls. In India,  marriage is governed by personal laws according to the society, culture, religion and to get the marriage solemnised one needs to get it done according to respective customs.

Coming to the customs, in this article we are only dealing with the parties who are Hindu and when parties are Hindu and decided to take divorce mutually then there is a section that is section 13B of Hindu Marriage Act which states that whenever the parties decided to end their marriage by mutual consent then they can get it done under this provision. However, section 13B states that there would be two motions and there should be gap of six months between the motions. This was intended just to protect the marriage as this gives parties to cool down and think, so that a marriage can be saved.

However, recent development came after a landmark judgement given by the Hon’ble Supreme Court of  India in the case Amandeep Singh vs Harveen Kaur in which it was observed that this clause under sub section 13B(2) is directory not mandatory, meaning thereby, that this cooling period of 6 months can be waived off.

Therefore, it can be construed out of the landmark judgement that if the court feels that the marriage between the parties reached to a state where  reconciliation is nearly impossible then court can waive off this period and can grant a decree of divorce without observing this statutory period


Advocate Diwas Kumar Yadav

Leave a Reply

Your email address will not be published. Required fields are marked *