Supreme Court Removes 6-Month Waiting in Mutual Divorce: What It Means for Indian Couples

For a long time, couples in India who agreed to end their marriage through mutual consent had no choice but to wait six months even if their relationship was clearly over. This waiting time, meant as a ‘cooling-off’ period, often just added more stress and legal trouble. But now, in a landmark decision, the Supreme Court has said that this wait isn’t always needed. If it’s clear the marriage can’t be saved, courts can skip the wait thus making the process quicker and more respectful of the couple’s choice to move on

This blog will walk you through:

• What the six-month waiting period was
• The Supreme Court’s new stance
• What this change means legally and practically
• Who can benefit and how
• Legal steps to get the waiver
• Real-life implications and case insights

What Was the 6-Month Waiting Period in Mutual Divorce?

Section 13B of the Hindu Marriage Act, 1955

Section 13B governs mutual consent divorce. It allows a husband and wife to file for divorce jointly when:

• They have been living separately for at least one year.
• They mutually agree that the marriage is over.
• They jointly file a petition before the family court.

However, the law required a cooling-off period of six months between the first motion and the second motion to finalize the divorce. The purpose of this time was to give the couple space to reconsider and attempt reconciliation.

The Problem with the Mandatory Waiting

While the law’s intent was to preserve marriage and prevent hasty divorces, in reality:

• It caused unnecessary delay even when both parties were sure.
• It extended emotional and financial trauma.
• It forced couples to stay in legally dead marriages.
• In many cases, it became a tool for harassment or pressure.

The Supreme Court’s Landmark Ruling: Waiver Is Now Discretionary

In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court ruled that the six-month waiting period is not mandatory and may be waived by the court under certain conditions.

Key Highlights of the Judgment:

• The period is directory, not mandatory.
• The family court has discretion to waive it if the following conditions are met:
  • Parties have been living separately for over 1 year.
  • There’s no chance of reconciliation.
  • All issues like alimony, custody, and property are settled.
  • The waiting period would only prolong agony.

This was a major shift in Indian matrimonial jurisprudence, focusing on dignity, choice, and judicial efficiency.

Eligibility: Who Can Get the 6-Month Period Waived?

To seek a waiver, you must:

• Have completed one year of separation before filing the first motion.
• Have a genuine mutual agreement to end the marriage.
• Settle all outstanding matters, such as:
  • Maintenance or alimony
  • Custody or visitation rights (if children involved)
  • Division of joint assets or liabilities
• Show the court that reconciliation has been tried and failed.

Courts will also consider if prolonging the process will cause unnecessary hardship.

How to Apply for the Waiver: Step-by-Step Process

File the First Motion Petition (13B(1))

• Submit a joint divorce petition with both signatures.
• Include all settlements and declarations.

Wait for Court Date and First Motion Hearing

• The court may ask basic questions to ensure mutual consent.
• Both parties must appear personally.

Apply for Waiver

After the first motion:

• File a separate application requesting the court to waive the 6-month period.
• Explain why waiting will serve no purpose.
• Attach proof of:
  • Prior separation
  • Attempts at reconciliation (if any)
  • Consent and settlement

Second Motion and Final Decree

If the court is satisfied:

• It may waive the six-month wait.
• Proceed directly to the second motion.
• The court grants the final divorce decree.

Real-Life Scenario: How This Helps Couples

• Before the Ruling: A couple married for 3 years had been separated for over 2 years. They agreed on a peaceful divorce, had no kids, and resolved finances amicably. Yet, the law forced them to wait an extra six months, despite no chance of patching up.

After the Ruling:

Now, in the same case:

• The couple can request a waiver immediately after the first motion.
• If the court agrees, they can complete the divorce in weeks, not months.
• No unnecessary court visits, no emotional prolongation.

Legal and Social Impact of the Ruling

Respecting Individual Autonomy

The court acknowledged that forcing unhappy couples to remain married against their will is against the right to dignity and personal freedom.

Faster Justice

Family courts are burdened with delayed cases. This ruling enables speedier disposal, reducing the backlog.

Reducing Abuse

The old system allowed one spouse to use the 6-month period to harass or manipulate the other—especially in cases of financial negotiations or child custody. The new framework prevents such misuse.

Relevant Case Laws and Precedents

Here are some significant judgments supporting the discretionary waiver:

• Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746: Landmark case declaring the 6-month period as directory.
• Rajiv Raturi v. Anita Raturi, Delhi HC: Reinforced the idea that courts should not insist on separation when reconciliation is impossible.
• Pradeep Pant v. Govt of NCT, Delhi HC: Highlighted that speedy justice in family matters is essential to prevent trauma.

Why This Matters to You

If you are in an irretrievably broken marriage, this judgment gives you:

• Speed: You can finalize your divorce faster.
• Relief: Less emotional and legal burden.
• Respect: The law recognizes your autonomy and practical reality.

You no longer need to suffer in a dead marriage just because of outdated procedures.

How a Divorce Lawyer Can Help You Today

A family or divorce lawyer can:

• Draft your mutual consent petition and waiver request.
• Advise if your situation qualifies for a waiver.
• Guide you through documentation and court appearances.
• Help avoid procedural delays or errors.

Conclusion: 

A New Chapter in Indian Divorce Law

The Supreme Court’s judgment is a progressive step in Indian family law. It respects the old belief in saving marriages while also understanding today’s need for personal freedom, dignity, and peace of mind. For couples who’ve already made the painful decision to part ways, this ruling ensures the law won’t make them suffer longer than necessary. It gives agency back to individuals where it belongs.

If you’re considering a mutual divorce and feel the six-month wait only prolongs the pain, consult a lawyer today to see if you’re eligible for a waiver. The law is finally listening.

One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQ

1. Can we skip the 6-month wait if both agree on divorce?

Yes, if conditions are met, the court can waive it.

2. What’s needed to get the waiting period waived?

One-year separation, mutual consent, and settled issues.

3. Do we need a lawyer for this process?

A lawyer helps speed things up and avoid mistakes.