Waiver of Cooling-Off Period in Mutual Consent Divorce: Understanding the Supreme Court’s Stand in Amardeep Singh v. Harveen Kaur (2017)
This article explores the Supreme Court’s 2017 ruling that clarified when the six-month cooling-off period in mutual consent divorce can be waived under Section 13B(2) of the Hindu Marriage Act.
AM Legal
The six-month cooling-off period in mutual consent divorce was originally designed to give couples time to reconsider their decision. But in the landmark case Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that this period is directory and not mandatory, meaning courts can waive it in suitable situations.
Case Background
The spouses married in 1994 and had two children. Their relationship deteriorated over time, and they began living separately in 2008. Various civil and criminal disputes arose, but by 2017, both parties had amicably settled all issues relating to maintenance, custody, and pending litigation. Since reconciliation was clearly impossible, they jointly approached the court seeking waiver of the six-month waiting period between the two divorce motions.
Issue Before the Court
The main question was whether courts must always impose the six-month period under Section 13B(2), or whether they can waive it when all conditions for divorce are already met.
Supreme Court’s Key Findings
The Court clarified two important points:
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The requirement of living separately for one year under Section 13B(1) is mandatory.
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The six-month waiting period under Section 13B(2) is not mandatory and may be waived in appropriate cases.
The Court also noted that lower courts do not need to invoke Article 142 to grant such waivers.
When the Waiver Can Be Granted
The Court laid down several conditions, including:
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The couple has lived separately for more than a year.
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Reconciliation and mediation efforts have failed.
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All issues—maintenance, custody, property—are fully settled.
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Continuation of the waiting period would cause unnecessary hardship.
Significance of the Ruling
This decision ensures that procedure does not override justice. When a marriage is irretrievably broken and all settlements are finalized, forcing spouses to wait an additional six months serves no constructive purpose.
For a full, detailed analysis of this judgment, you can
Read the full detailed case analysis on AM Legal.
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