Can You Fast-Track Your Mutual Divorce? Skipping the 6-Month Wait

In a significant legal development, the Supreme Court of India has addressed the contentious issue of whether the mandatory 6-month waiting period for mutual divorce in India can be waived. This article delves into the recent landmark rulings, relevant legal provisions, and the implications for couples seeking to dissolve their marriages amicably.

Understanding the 6-Month Waiting Period

Under the Hindu Marriage Act, 1955, Section 13-B deals with divorce by mutual consent. It outlines a two-step process:

• First Motion: After filing the joint petition for divorce in India, the parties must wait for a minimum of 6 months before proceeding to the second motion.
• Second Motion: If the petition is not withdrawn during this period, the parties can move the court with the second motion, which must occur within 18 months of the first motion.

The Landmark Ruling

In a path-breaking judgment, the Supreme Court clarified that the 6-month cooling-off period is not mandatory but directory. Here are the key points from the ruling:

Article 142 (1) of the Constitution: The apex court invoked its discretionary power under Article 142 (1) to dissolve a marriage on the ground of “irretrievable breakdown.” This power allows the court to do “complete justice” in any matter pending before it.

• Discretionary Application: The court emphasised that irretrievable marriage breakdown is not an absolute right but rather a matter of discretion. The court must exercise this discretion with great care, considering various factors to ensure fairness to both parties.
• No Coercion: The court clarified that the continuation of a formal legal relationship when the marriage has completely failed would be unjustified. The dissolution of marriage should not be coerced but rather based on a genuine assessment of the situation.

Citations and Case Law

The following cases and legal provisions are relevant:

• Amardeep Singh v. Harveen Kaur (2017): The Supreme Court held that the minimum 6-month cooling-down period can be waived in cases of mutual divorce1.
• Shilpa Sailesh vs. Varun Sreenivasan (2014): In this case, both parties sought divorce under Article 142 of the Indian Constitution2.

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