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For Divorce, Cooling Period Not Mandatory, Rules Supreme Court

The Supreme Court says that six-month cooling off Period for divorce not mandatory.


The Supreme Court thinks that the six-month cooling off period for granting divorce that is mentioned in the Hindu Marriage Act can be waived off if the reconciliation efforts have failed and the couple has been living apart for at least a year.

The Supreme Court has said that the six-month cooling off period given to couples who have applied for divorce is not mandatory and can be waived. According to reports from First Post, the apex court said that the time period is not compulsory if all the mediation to reunite the couple has failed. It can be waived off but a mutual consent will be required to terminate the marriage legally in a week.

The SC bench said that the interregnum period can be waived off if all the matters related to the custody of child, alimony and other pending issues have been settled. Also, the couple should have stayed apart for one year. Notably, the six-month provision asked a Hindu married couple to wait for six months before legally taking a divorce.

The court made this ruling while hearing a divorce case and noted that delaying the process of divorce will only delay the resettlement process of the parties and also prolong their suffering. It explained the decision saying that the aim of the provisional period is to allow the parties to dissolve the marriage with mutual agreement. The cooling off period is given to the couple to make sure that they are not taking a hasty decision in their life and if there is a possibility of reconciliation, it is not overlooked in hurry.

As everyone knows, Section 13B(2) of the Hindu Marriage Act, states that a divorce will be granted if both the parties don’t withdraw their pleas of getting divorced in a time frame that is more than six months but less than 18 months. The time frame is an interregnum for the couple to decide if they really want to get divorced.


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