Ahmedabad: The Gujarat High Court has ruled that the six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act for divorce by mutual consent is directory and not mandatory, and can be waived if the court is satisfied that the conditions justify it.

The Division Bench of Justice Sangeeta K. Vishen and Justice Nisha M. Thakore set aside a Family Court order that had rejected a mutual consent divorce plea solely because the cooling-off period had not elapsed and no waiver plea had been filed.

The Bench, while interpreting the purpose of Section 13B, reiterated that “it is well-settled that the six months period enumerated in Section 13B of the Act of 1955 is directory and not mandatory”, noting that the legal position has already been conclusively settled by the Supreme Court.

Placing reliance on the Supreme Court ruling in Amardeep Singh v. Harveen Kaur, the Court observed that the purpose of this waiting period is to give spouses time to reconsider and attempt reconciliation. However, it is not meant to prolong marriages that have clearly broken down or unnecessarily extend the suffering of the parties.

Quoting the Supreme Court’s position, the Bench stated:

“The Apex Court while considering the object behind and provisions of the Act has held that the Court dealing with the matter if is satisfied that a case is made out to waive the statutory period under Section 13B(2), it can do so after considering the parameters indicated in paragraph 19, …the Apex Court, has also observed that it would be open to the parties to file an application seeking waiver of the cooling-off period one week after the first motion, giving reasons for the prayers.”

The Court further remarked that when couples have lived apart for a considerable duration, have mutually resolved all issues and firmly decided to separate, enforcing the cooling-off period serves no meaningful purpose.

The High Court ruled that rejecting a mutual consent divorce petition solely because the six-month cooling-off period is incomplete or no waiver plea has been filed is unsustainable.

The appeal was therefore allowed, the Family Court’s rejection order was quashed, and the case was restored for fresh consideration in accordance with law, without being influenced by the earlier decision. DeshGujarat