6-month cooling off period not mandatory for divorce: Gujarat High Court

In marital disputes and disagreements, when both the husband and wife apply for mutual divorce under Section 13B of the Hindu Marriage Act, then the Family Court grants a cooling off period of six months. During this six-month period, the husband and wife want to reconcile, or are ready to live together again, then this is a legal option for that.

Cooling off period now optional

However, if the husband and wife do not want to reconcile under any circumstances and both have firmly decided to separate, then this cooling off period of six months can be waived. The Gujarat High Court, in a very important judgment in one such divorce case, has clearly held that a cooling off period of six months is not mandatory for divorce by consent.

Major legal relief under Section-13B

A bench comprising of Justice Sangeeta K Vishen and Justice Nisha M Thakor observed that the Family Court order rejecting the application for divorce by mutual consent of a couple under Section-13B is invalid, declaring it null and void, and held that in the case of divorce by consent, a cooling off period of six months can be waived and is not mandatory.

Big relief in case of impossible reconciliation

Following this judgment of the Gujarat High Court, in cases where reconciliation is not possible between the husband and wife and they want to get a divorce by mutual consent in any case, this judgment of the Gujarat High Court will prove to be very useful in cases where a period of six months is allowed for wave off and divorce.

Relief for couples living apart for one year

The court held that, when there is no scope for reunion between the husband and wife  and  they have been living apart for more than one year from the date of filing the application under Section-13B of the Hindu Marriage Act. Both the parties have given mutual consent for divorce. Therefore, as per the provisions of Section-13B(1), the period of six months as well as the period of one year have almost expired.

Considering the stand taken by the parties concerned, there is no possibility of their reunion or conjugal union, and in the opinion of the court, if the request of the parties is not accepted, their suffering will only be prolonged.