When filing divorce by mutual consent under section 13B of the Hindu Marriage Act, a six month cooling off period is stipulated under law. Family courts, as a general practice, weigh in on the side of trying to save marriages rather than going through the motion for divorce in a rushed manner.

Can the cooling off period be waived off?

In cases where there is no chance of saving the marriage based on the facts and circumstances, the statutory period of 6 months can be waived off. The Supreme Court has allowed for the same in Amardeep Vs Harveen Kaur reported in AIR 2017 SC 4417.

In the present case, the Madhya Pradesh High Court was hearing a challenge to the lower court's order that did not consider the directions passed by the Supreme Court in Amardeep Singh's case.

In the case before the High Court, the petitioner and the respondent got married according to Hindu rites and customs on 30.06.2020. Since their marriage was not successful, therefore, they have decided to obtain a decree of divorce, hence, they have jointly filed an application u/S. 13B of HMA for grant of divorce by mutual consent. 

It is stated that since both of them have decided to seek divorce and to live separately, therefore, pendency of the divorce petition for more than six months would seriously affect the future of both the petitioner and respondent, therefore, in the light of judgment delivered by the Apex Court in the case of Amardeep Singh the cooling off period of six months may be waived off. 

Grounds for waiving of cooling off period

i) The statutory period of six months specified in Section 13 B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself; 

ii) All efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts; 

iii) The parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties. 

iv) The waiting period will only prolong their agony.

Based on the facts of the present case, the High Court was of the view that there is no chance of a settlement between the parties and accordingly it directed the Family Court to consider and finally decide the application under Section 13-B of the HMA expeditiously in the light of judgment delivered by the Apex Court in the case of Amardeep Singh.