Waiving the Waiting Period for Mutual Consent Divorce in India: Timeline, Process and Practical Tips

Ending a marriage is hard. When both partners agree, a mutual consent divorce makes the process calmer and fairer. But in India, the law asks couples to wait between the first and second hearing. Many people wonder: can the waiting period for mutual consent divorce be waived? The short answer is yes — in certain cases and with the court’s permission. This article explains the rules, the main court decision that changed things, step-by-step actions, and tips to speed up the process.

Why the timeline matters

The timeline for divorce affects money, kids, and your future. If you know how long things usually take, you can plan better. The right documents and a good lawyer keep things smoother and often faster.

What the law says

The main law for Hindus is the Hindu Marriage Act, 1955. Section 13B deals with divorce by mutual consent. It asks couples to follow two steps:

• First Motion: The couple files a joint petition saying they have lived separately for one year or more and want to end the marriage.
• Second Motion: After the first petition, the law normally requires a cooling-off time of not less than six months and not more than eighteen months before the second motion.

Other laws work the same way for couples married under different acts. For example, the Special Marriage Act, 1954 uses a similar rule under Section 28.

The big change: Amardeep Singh v. Harveen Kaur (2017)

The Supreme Court of India changed how courts view the waiting time in Amardeep Singh v. Harveen Kaur (2017). The Court said the six-month period is directory and not mandatory. That means courts can reduce or waive it if the situation justifies it. But waiving the period is still the court’s choice. It isn’t automatic.

The Court gave clear points courts must check before waiving the waiting time. These include how long the couple has lived apart, whether reconciliation is possible, if mediation failed, whether settlement terms are fair and final, and that both parties truly agree without pressure.

When can courts waive the waiting period?

Courts can waive the waiting period for mutual consent divorce in fit cases. Typical reasons include:

• The marriage has irretrievably broken down and the couple has lived apart a long time.
• All settlement issues—maintenance, child custody, property division—are fully resolved and documented.
• Both spouses genuinely want the divorce and there is no coercion or fraud.
• There is a real need to speed up the process, such as one party planning to relocate or remarry, or if the waiting causes severe mental or physical harm.

How to ask the court to waive the waiting period

Follow these steps to request a waiver:

• File the joint petition (First Motion) under Section 13B or Section 28, as applicable.
• File a separate application asking the court to waive the six-month period. Lawyers usually file this as an interlocutory application under Section 151 of the Code of Civil Procedure, read with the marriage law.
• Attach detailed affidavits from both parties explaining why the waiver is needed and confirming there is no coercion.
• Attach a clear and complete settlement agreement (MOU) covering alimony, maintenance, child custody and visitation, property division, and any other issues.
• Be ready to appear before the court if it wishes to ask questions directly. Courts often record the parties’ statements on the record to ensure sincerity.

Documents you need

• Marriage certificate, identity and address proofs (Aadhar, PAN, passport).
• Joint petition (First Motion) and the waiver application (I.A.).
• Signed settlement agreement covering money, property and children.
• Affidavits from both parties describing separation history and reasons for waiver.
• Proofs of income, property papers, bank statements and other documents needed to support settlement terms.

Typical timelines and expectations

How long a mutual consent divorce takes depends on whether the court allows a waiver and how busy the court is. Typical timelines:

• With waiver and smooth settlement: 1–3 months in big cities.
• Without waiver: 6–9 months is common.
• With disputes, criminal cases or heavy backlog: 9 months to 2 years or more in some places.

Using e-filing and virtual hearings can shorten these times, especially for NRIs.

How courts decide on waiver — what they check

Courts will ask:

• Has the marriage really broken down? Long separation and failed mediation help show this.
• Is the settlement full and fair for both sides, especially children?
• Is the request genuine, and not the result of pressure, fraud, or collusion?
• Are there any pending criminal cases that could be affected by granting the waiver?

How criminal law changes like BNS affect divorce

The Bharatiya Nyaya Sanhita (BNS) and related reforms mainly update criminal law. They do not directly change divorce law in the Hindu Marriage Act or Special Marriage Act. But they can affect the timeline if your divorce overlaps with criminal allegations, like domestic violence or dowry-related offences. If BNS changes how such offences are handled, family courts may wait to ensure the waiver or final decree does not prejudice criminal cases.

Always check official sources such as the Ministry of Home Affairs and PRS Legislative Research for the latest on BNS and related bills.

Regional and practical tips to speed up things

• Major cities (Delhi, Mumbai, Bengaluru): Courts often use hybrid hearings and accept waivers more readily when the facts support them.
• Smaller towns: Use the eCourts portal and a good local lawyer to avoid delays due to long court lists.
• NRIs: Use power of attorney and virtual hearings. E-filing helps a lot.
• Mediation and collaborative law: These methods solve emotional issues faster and help courts see a sincere settlement.

Practical guidance — how to prepare

• Work out a full settlement before filing. Agree on maintenance, custody and property division.
• Hire a lawyer experienced in mutual consent divorce and local court customs.
• Keep all records handy: income proofs, property documents, marriage and birth certificates.
• If criminal allegations exist, coordinate with criminal counsel to reduce risks of delay.

Common challenges and how to avoid them

• Asset disputes: Get independent valuations and a clear division schedule.
• Child custody fights: Prepare a custody plan focused on the child’s best interests. Expert reports help.
• Pending criminal cases: Resolve or manage these with specialised counsel so courts aren’t forced to delay the divorce.
• Court backlog: Use e-filing and ask for virtual hearings where allowed.

FAQs — Quick answers

• Can the six-month waiting period be waived? Yes. Under Amardeep Singh v. Harveen Kaur (2017), courts can waive or reduce the waiting period in exceptional cases and must record reasons.
• How long will a mutual consent divorce take in 2025? With a waiver and no disputes: 1–3 months in big cities. Without a waiver: 6–9 months or more.
• What documents do I need to file? Marriage certificate, ID proofs, joint petition, waiver application, signed settlement agreement, affidavits and proofs of income/property.
• Can NRIs file from abroad? Yes. Use e-filing, virtual hearings, or a power of attorney and an NRI-experienced lawyer.
• Will domestic violence allegations stop a waiver? Serious allegations can delay the final decree. Courts will check if granting a waiver might prejudice any investigation or trial.
• What laws apply for non-Hindus? The Special Marriage Act, 1954 (Section 28) follows similar rules. Other personal laws use similar principles.
• How can I speed up the divorce? Prepare a complete settlement, hire the right lawyer, use mediation, and file for a waiver under Amardeep Singh with strong reasons.

Checklist before you file

• One-page summary of separation history and reasons for waiver.
• Signed settlement agreement covering all issues.
• Affidavits from both parties confirming no coercion.
• Copies of identity and address proofs, marriage certificate and child birth certificates.
• Income proofs and property documents to support settlement terms.
• Power of attorney if an NRI is involved.

Final notes

The law now lets courts act with compassion and common sense. The waiting period for mutual consent divorce exists to protect families and allow reconciliation. But when couples show the marriage truly broke down and have honest, full settlements, courts often allow a faster end. Use mediation, prepare your documents, and get good legal advice. That helps the court see your decision is real and fair, and it gives you a quicker path to move on with your life.

LawCrust Legal Consulting provides experienced support for mutual consent divorces, waiver petitions, settlement drafting and representation. With offices across India and a team of specialised lawyers, LawCrust helps clients with matrimonial issues, property matters, criminal cases, NRI filings, and more. To get expert legal help and to speed up your case, contact LawCrust:

• Call Now: +91 8097842911
• Email: inquiry@lawcrust.com
• Book an Online Legal Consultation via the LawCrust app (available for quick lawyer connect).

If you want, LawCrust can prepare a checklist and draft a waiver application based on Amardeep Singh to support your lawyer. Ask your lawyer to include a clear settlement and honest affidavits. That gives you the best chance to get the waiting period for mutual consent divorce waived and reach closure sooner.