Legal Learning – Mutual Divorce & Waiver of 6-Month Period
Shri Ganpati Jurists – Legal Experts You Can Trust
Bathinda | Punjab | All-India Legal Services
Can the 6-month waiting period under Section 13B(2) of the Hindu Marriage Act be waived?
Yes, the Supreme Court has clarified that the statutory 6-month period can be waived if:
The marriage is irretrievably broken
The parties have been living separately for a considerable time
All disputes including alimony and child custody are settled
Reconciliation attempts have failed
Prolonging the wait only increases mental agony
Key Judgment:
Amardeep Singh v. Harveen Kaur – Laid down the guiding principles for courts to waive the waiting period under Section 13B(2).
Bottom Line:
When all conditions are met, courts have the discretion to waive the 6-month period and grant mutual consent divorce earlier, helping both parties move on without unnecessary delay.
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