Mutual Consent Divorce - Advantages & Disadvantages of the 6 month waiting period

In India, mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955 (and similar provisions in other personal laws) requires a six-month waiting period before the divorce is granted/rejected. This period is often referred to as the cooling-off period.

Why the 6-Month Waiting Period?

The primary objective is to provide the couple time for reconciliation and to prevent impulsive or hasty decisions, hence the synonymous term - Cooling- off period.

Advantages of the 6-Month Waiting Period

1. Scope for Reconciliation:

   • Give the couple time to reconsider their decision.

   • Protects marriages from being dissolved in haste or due to temporary misunderstandings.

2. Emotional & Mental Clarity:

   • Helps both parties emotionally detach and prepare mentally for life post-divorce.

   • Reduces chances of future regret or litigation.

3. Time for Settlement:

   • Gives time to resolve matters like child custody, property division, or financial arrangements.

   • Ensures informed decisions rather than rushed agreements.

4. Legal Safeguard:

   • Acts as a safeguard against coercion or undue influence.

   • Ensures that mutual consent is genuine and sustained over time.

 Disadvantages of the 6-Month Waiting Period

1. Delays the Process:

   • For genuinely separated and consenting couples, it unnecessarily delays finalization of divorce.

   • Can be frustrating and emotionally draining.

2. Prolonged Suffering:

   • Keeps individuals in a legal limbo, especially if the relationship is irreparably broken.

   • Affects mental peace and healing.

3. Practical Difficulties:

   • Couples living separately may face logistical or financial challenges to appear in court multiple times.

   • Particularly hard for NRI couples or those living in different cities or countries.

4. Redundant in Certain Cases:

   • If both parties are certain about the divorce, the period serves no real purpose.

   • In such cases, it's seen as mere procedural formality.

Can the 6-Month Period Be Waived?

Yes. In the 2017 Amardeep Singh vs. Harveen Kaur case, the Supreme Court ruled that:

The 6-month waiting period is not mandatory but directory. Family courts have the discretion to waive it if:

• Parties have been living separately for over 1 year.

• All efforts at reconciliation have failed.

• Matters like alimony, custody, etc., are settled.

• Both parties genuinely seek divorce.

If you're considering divorce, having the right support is crucial. Hiring an expert lawyer, like the team at The Divorce Point, can help you navigate the process with clarity and confidence. A knowledgeable lawyer will ensure that your rights are protected and help guide you toward the best possible outcome.

For expert legal guidance, visit The Divorce Point and connect with experienced divorce lawyers in Bangalore today.