Question: Whether the minimum waiting period of Six months for a mutual divorce under Sec 13-B (2) of the Hindu Marriage Act, 1955 can be waived off.

Answer: Yes it can be waived off. An Application for setting aside the minimum mandatory period of six months can be moved by the parties after a period of one week from the day the first motion is passed.

Supreme Court Judgment- Amardeep Singh v. Harveen Kaur, 2017 (6 months For a Mutual Divorce waived off)

Judgment

The Hon’ble Supreme Court in order to settle the issue considered the objective and the purpose of the amendment made in the year 1976 through which sec 13-B was added to the HMA.

It was observed that the provision provided for mutual divorce to parties which had been living separately for more than a year and there was no scope for the parties to put their differences to rest. As such the minimum mandatory time period of six months which was prescribed by the provision was creating a problem for the parties to move on and start their independent lives.

It was held that the court had the power to waive off the period of six months provided under Sec 13-B (2) of the HMA in cases where the court was satisfied that:

1. The period of six months provided under 13-B (2) of the HMA along with the period of one year for moving the petition for divorce under 13-B (1) of the HMA was already over before filing the petition, and
2. Options of mediation and conciliation had been used and had failed to settle the differences in terms of the provisions of the Civil Procedure Code, 1908 and the Family Courts Act, 1984, and
3. The disputes regarding the alimony and the custody of the children had been settled by the parties, and
4. The waiting period would cause hindrance in the resettlement of the parties.

It was also directed that the application of waiving off the time period of six months could be made by the parties after a week from the day the petition for seeking the mutual divorce is presented to the court and the same is allowed by the court after considering all the factors and satisfying itself.