Common questions on can the 6-month cooling-off period for divorce be waived, explained in plain terms, under Indian law.
Before the frequently asked questions
In Amardeep Singh v Harveen Kaur (12 Sep 2017), the Supreme Court held that the 6-month cooling-off period under s.13B(2) of the Hindu Marriage Act is directory, not mandatory, and can be waived in appropriate cases.
In Shilpa Sailesh v Varun Sreenivasan (1 May 2023), a Constitution Bench of the Supreme Court held that the Court can use its powers under Article 142 of the Constitution to dissolve a marriage directly where it is irretrievably broken, even without both parties' consent in the usual s.13B form.
Frequently asked questions
Can we get a divorce faster than 6 months by mutual consent?
The 6-month cooling-off period under s.13B(2) of the Hindu Marriage Act can be waived by the court in appropriate cases, following Amardeep Singh v Harveen Kaur (12 Sep 2017).
For a fuller explanation, see Interim Maintenance: What Rajnesh v Neha Requires, The Special Marriage Act's 30-Day Notice: What It Involves, and Mutual-Consent Divorce in India: How It Works.
If you would like this looked at against your own facts, a consultation is a reasonable next step.
This page is general information about the law in India and is not legal advice. The position can vary with the facts, so it is worth getting advice on your specific situation.
This page provides general information about the law in India and is not legal advice. For advice on your specific situation, please consult a qualified advocate.