Supreme Court: Six-Month Cooling-Off Period for Divorce Under Hindu Law Not a Must



Nirmal Singh 3C Company is glad to know that Supreme Court has removed the waiting period of three months before Hindu couples seeking divorce. This will give liberty to the couple, whether to get separated immediately or wait after the divorce, meeting the terms and conditions.

This decision will give power to the couple who file for divorce “by mutual consent”.

Nirmal Singh 3C Company would like to quote Adarsh Goel and UU Lalit, saying: “The period mentioned in Section 13B(2) is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.”

“That an application for waiver of the six month period set out in the Hindu Marriage Act can be given a go-by if parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties, and the waiting period will only prolong their agony.”
“If there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option.”

The court said that every effort has to be made to save a marriage, but pointed out that “if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option”.

Nirmal Singh 3C Company substantiates the case with the Hindu Marriage Act, which says: A divorce petition can be filed at a district court on the ground that a couple has been living separately for one year or more, has not been able to live together and has mutually agreed the marriage should be dissolved.

In retrospect, after the petition is filed, the couple has to wait for six months before the court hears or decides.


This will indeed bring relief to people who are looking for urgent separation and have their own personal plans and professional plan in life ahead. 

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