Yes, the 6-month cooling period under Section 13B(2) HMA can be waived, as it is discretionary and not mandatory.
Family Courts generally look for about 18 months of separation, which in your case is satisfied when the filing date is considered.
Given the short marriage, non-consummation, failed counselling, no children, and full settlement, waiver is routinely granted.
Family Courts in Maharashtra have disposed of multiple mutual consent divorce cases in a single hearing.
If waiver is allowed, obtaining the divorce decree by January–February 2026 is realistically possible.
Settlement is usually paid by Demand Draft in court, and personal belongings are returned and recorded to avoid future claims.

you can file petition in januray 2026  for mutual consent divorce  . enclose consent terms 

2) court will not waive cooling period of 6 months 

3) payment of alimony ( settlment amount ) depends upon consent terms agreed by parties 

3) return personal belongings at time of filing of petition 

4) in consen terms mention alimony would be paid at time of second motion 

Yes, in your facts, the court can waive (skip) the 6-month cooling period under Section 13B(2) of the Hindu Marriage Act. The Supreme Court has clearly held that this waiting period is not mandatory and can be waived when (a) the parties have been living separately for a sufficient time, (b) all efforts at reconciliation have failed, and (c) there are no pending disputes regarding alimony, property, or children. You have been living separately since 20 January 2025, counselling has failed with a written opinion from the counsellor, the marriage was never consummated, and there is a complete settlement. On these facts, a Family Court at Sambhaji Nagar (Aurangabad) is very likely to grant a waiver application. If the joint petition and waiver application are filed promptly after 19 January 2026, it is realistically possible (though never guaranteed) to obtain the final decree by February 2026, subject to court workload and the judge’s availability.

What the counsellor told you is broadly correct and is actually the safest practice for you. Normally, the settlement amount is either (a) paid by demand draft in court at the time of recording the second-motion statements, or (b) deposited in court and handed over to the wife only after the decree is passed. This protects both sides. You should not hand over the full settlement privately before the final order unless advised otherwise by your lawyer. As for personal belongings (stridhan, clothes, documents), these are usually returned either before or on the same day as the second motion, and this should be clearly recorded in the joint petition or a separate settlement memo. Once the settlement terms are recorded by the court and statements are given on oath, the amount cannot be increased later, unless you yourself agree—so proper drafting is key.

The leading case you should specifically mention to your lawyer is Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746, where the Supreme Court held that the 6-month period can be waived if the marriage has irretrievably broken down and there is no chance of reconciliation. This judgment is routinely followed by Family Courts in Maharashtra. You may also ask your lawyer to (a) file a separate application for waiver along with the mutual consent petition, (b) ensure the counselling report and separation dates are annexed, (c) clearly record that the marriage was not consummated and there are no children or disputes, and (d) confirm the exact timeline the Aurangabad Family Court usually follows. These steps will materially improve your chances of a quick decree.

1. The court will not skip the cooling period automatically, you both have to file a joint petition to advance the hearing from the future date to the present date for   hearing with an affidavit stating that since there is no purpose solved even after waiting for six months, hence to take the matter for hearing by waiving the waiting period and then file the evidence after court accepts and allows the advance hearing petition, which will pass the judgement immediately or within a short period from the date of evidence. 

2. As far as settlement and return of her articles, you may better enter into a MOU  with her with the terms  clearly stated therein  after which you can settle the matter accordingly in terms of the MOU 

3. The advancing of  the hearing and waiving the waiting period in respect of mutual consent divorce cases  is not a new subject, it has become a regular affair in almost all the family courts across the country which even your own lawyer will be aware of it, hence just remind him/her after the mutual consent divorce case is numbered by the family court .

On skipping the 6-month waiting period and timeline

Courts are empowered to waive the 6-month cooling period if certain conditions are satisfied. From what you have stated, most of those conditions are clearly met: the marriage is very short, it was not consummated, you have been living separately almost since the beginning, multiple counselling sessions have failed, both parties have unequivocally agreed to divorce, and there are no children or unresolved disputes. These facts strongly support a waiver request.

In such situations, family courts do routinely grant waiver applications. Your separation period will cross one year by January 2026, which also satisfies the statutory requirement for mutual divorce. If you file a joint petition along with a separate application seeking waiver of the cooling period immediately after 19 January 2026, there is a realistic possibility that the court may allow the waiver on the first or second date itself.

If the Sambhaji Nagar (Aurangabad) Family Court allows the waiver promptly and both of you are present and give statements on the same day, it is practically possible to obtain the divorce decree within a few weeks. Getting the certified copy may take a little additional time, but receiving the divorce order by February 2026 is a realistic expectation, provided there are no adjournments or procedural delays.

On settlement money and return of belongings

What the counsellor has told you is broadly correct and is actually the safest method for you. In most mutual consent divorces, the settlement amount is paid either at the time of second motion or on the day the court records final consent. Often, the payment is made by demand draft and handed over in court, so there is a clear judicial record that the agreed amount has been paid.

Courts generally do not “hold” the money for long periods, but they do ensure that payment happens simultaneously with final consent and passing of the decree. This protects both parties: the wife is assured of payment, and the husband is protected against later demands.

As far as personal belongings (streedhan, clothes, documents, etc.) are concerned, the safest practice is to return them either before filing the petition or on the same day as the final hearing, with a clear written acknowledgment. Ideally, this should be mentioned in the mutual consent petition itself, stating that belongings have been returned or will be returned at the time of final motion.

Your concern about the settlement amount being increased later is valid. Once a mutual consent petition is filed with a clearly recorded settlement amount, and both parties give statements in court confirming it, the scope for later increase is extremely limited. Courts do not normally allow renegotiation after consent is recorded unless one party withdraws consent altogether.

On past cases allowing waiver and what to tell your lawyer

The Supreme Court has clearly held that the 6-month waiting period is not mandatory and can be waived when the marriage has irretrievably broken down and all issues are settled. This principle has been consistently followed by family courts across India, including Maharashtra. You can tell your lawyer that your case involves a very short, non-consummated marriage, early separation, failed counselling, and mutual agreement, which squarely fits within the waiver guidelines laid down by higher courts.

When you meet your lawyer, you should specifically ask about:

– Filing the waiver application along with the mutual consent petition

– Ensuring both parties’ statements are recorded on the same day

– Drafting the settlement terms clearly (amount, mode of payment, belongings, no future claims)

– Whether the court in Sambhaji Nagar usually grants same-day waiver and decree in similar cases

In summary, your case is well-suited for waiver of the cooling period, February 2026 is a reasonable target if documents are prepared properly, settlement money should ideally be paid in court at final hearing, and once consent is recorded, the risk of escalation is minimal. Proper drafting and timing will be the key.

1) Yes the court can waive the 6 month waiting period in your case because the marriage was short there is no child no property issue and both of you agreed for divorce. If waiver is granted divorce can be completed by February 2026 if both appear together.

2) Settlement money is usually paid at the second motion in court through demand draft. Personal belongings should be returned before or on the final hearing day and mentioned in the consent terms. Once terms are recorded the amount cannot be increased.

3) Supreme Court case Amardeep Singh vs Harveen Kaur allows waiver. Ask your lawyer to file waiver application with first motion and draft clear consent terms.

Yes you can skip the same showing urgency needl & need fir the same but it’s matter of discretion of court to waive

If the marriage was not consummated, you can file for Annulment of Marriage, within One year of marriage.

1. There are precedents in which the 6 months' cooling period is waived off. If you try, you may also get it.

2.  Let you and your wife enter into a MOU and mention the time and mode of payment of settlement money., whether before the divorce or after.

3.   There are so many precedents where Courts have waived off 6 months' cooling period.

1. You can legally skip the 6-month cooling-off period and realistically obtain your divorce decree by February 2026. The Supreme Court judgment in Amardeep Singh v. Harveen Kaur (2017) established that the waiting period is optional if the marriage is irretrievably broken. Since you will complete the mandatory one-year separation on January 20, 2026, and have documented proof of failed counselling with no pending disputes, you can qualify for this waiver, subject to discretion of the court. Your lawyer must file a specific "Application for Waiver of Cooling-off Period" simultaneously with your main divorce petition on January 21, 2026/or afterwards, allowing the court to schedule the final hearing immediately.

2. The counsellor's advice regarding the Demand Draft is almost correct and acts as a safety mechanism for you. You should hand over the Demand Draft to the Court (Judge or Registry) during the First Motion; they will keep it sealed and only release it to your wife after the final divorce statement is recorded in the Second Motion. This ensures she cannot take the money and refuse the divorce. Regarding her personal belongings (Stridhan), exchange these on the day of the final hearing or get a signed "Full and Final Receipt" beforehand to ensure she cannot claim increased amounts or missing items later.

3. You can explicitly instruct your lawyer to cite the Amardeep Singh case and file the waiver application on day one to secure the February timeline. Ensure to draft a Memorandum of Understanding (MOU) includes all terms and conditions to avoid any risks. 

Dear client,

Yes, the six months of cooling period can be waived. You can skip the cooling period since it is not a mandatory regulation to be adhered to whereas it is directory. The Supreme Court has waived the cooling period for mutual consent divorce in several cases including Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 and Shilpa Sailesh v. Varun Sreenivasan 2023 InSC 468 are some cases where the period under Sec 13B(2) of the Hindu Marriage Act is directory and not a mandatory provision particularly when any chance of reconciliation is impossible and when the parties have come to a settlement with regard to all the issues.  

Also, your counsellor is correct with regard to the settlement money and the best possible option available is to prepare a demand draft in your wife’s name and the same could be handed over in the court or deposited with the court on the date of the final hearing. 

It is important to note that for waiving off the cooling period it should also be proved that they have been living separately for over a year and continue to do so.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

 As per Supreme Court judgment, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- Further, under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage . 

- Hence, you have legal right to seek nullity of the marriage as the marriage not consummated. 

1. The separation of one year is mandatory , however you can move an application for the waive the remaining period after giving reasonable ground 

2. If has agreed before the Counsellor then she cannot deny the same , otherwise Court can go against her. 

3. If you have already engaged a lawyer then ask from him