If your separation is more than one year as on date of filing the mutual consent divorce, then you can file a waiver petition to waive the cooling period once the mediation is completed and the agreement terms have been entered into  in writing.

Your lawyer can file the waiver petition after the counselling session is completed.

The terms of settlement will be clear that when the amount for settlement is to be paid, either in part or once for all, hence you may draft the settlement terms on mutually agreed conditions. 

The evidence in mutual consent divorce will be done at the last stage, hence you can handover the draft after the evidence is completed and the court passes an order dissolving the marriage.

You may have to draw the DD in favor of the wife and not in the name of court.

You can get the DD purchased in advance and hand it over only after the court passes an order on divorce. 

In the divorce papers you can attach the settlement agreement as part of  the divorce nd pray to include the same in the divorce judgment

If it’s submitted in court then it’s a settlement papers for divorce 

1) family court will not waive the cooling period 

2) you can ask your lawyer to file waiver application but chances of cooling period being waived are bleak .consent terms should provide demand draft will be paid on date of second motion 

3) during counselling court would like to confirm whether consent terms have been complied with .whether reconcilation is possible or not . Counsellor then sends report to the judge 

4) if you paid settlement amount before then wife may delay divorce proceedings by not coming to court on date of second motion 

5) demand draft should be in wife name only 

6) during hearing of second motion both parties file further affidavit that no reconcilation is possible and consent terms have been complied with 

On the 6-month waiting period:
You are correct on law. Under Section 13B, the requirement is one year of separation before filing the mutual consent divorce. The additional 6-month “cooling-off” period is not mandatory. The Supreme Court in Amardeep Singh v. Harveen Kaur has clearly held that this period can be waived if certain conditions are satisfied. In your case, those conditions are strongly present: extremely short cohabitation (9 days), no consummation, no children, no property disputes, and a full settlement already arrived at. The counselor has no authority to decide the waiver; only the judge does. It is absolutely possible to get the divorce by March 2026 if the waiver is properly pressed and both parties cooperate. The 18-month figure quoted by the counselor is legally incorrect.

On what you should tell your lawyer and when to file the waiver:
Your lawyer should not “wait and see”. The correct practice is to file the waiver application immediately after reconciliation is formally recorded as failed (or even along with the second-motion stage, depending on the court). Since another counseling session is coming up and reconciliation will again be ruled out, you should instruct your lawyer to file the waiver application immediately thereafter, without delay. Waiting serves no legal purpose and only prolongs the matter. Judges expect a reasoned waiver application citing Amardeep Singh and facts like non-consummation and long separation in substance, even if calendar separation is short.

On the settlement payment and court process:
The usual Family Court sequence is this:
• On the date fixed for second motion, both husband and wife give statements on oath confirming free consent for divorce and affirming settlement terms.
• Either on the same day or immediately thereafter, the court hears the waiver application and decides whether to waive the 6-month period.
• If waiver is allowed, the court proceeds to pass the final decree the same day or shortly thereafter.
• The settlement amount is handed over in court, the wife confirms receipt on record, and this is specifically mentioned in the order before the decree is passed.

Courts generally do not pass the final decree unless settlement payment is confirmed on record.

On whether the wife can change her mind after giving statement but before payment:
Yes. Consent must exist until the final decree is passed. Even after giving a statement on oath, if she has not received the settlement amount and the decree is not yet pronounced, she can legally withdraw consent. That is why timing of the Demand Draft and statement is crucial. Courts are aware of this risk and usually insist that payment and statements happen together.

On whose name the Demand Draft should be made in:
The safest and most common practice is to make the DD in the wife’s name, not in the court’s name. The court is not a payee; it only records payment. If a DD is made in the court’s name, it can unnecessarily complicate disbursement and cause delay. When the DD is in the wife’s name, she receives it immediately in court, acknowledges it on oath, and the judge records satisfaction. This minimizes risk.

On when the DD should be prepared:
You should prepare the Demand Draft before the hearing date, but keep it with you or your lawyer. It should be handed over only when the judge takes statements on oath and directs settlement compliance. Do not hand over money privately beforehand. Once she receives the DD in court and confirms receipt on oath, the chances of her backing out are practically nil, because the court will usually pass the decree immediately thereafter.

On whether she can back out after receiving DD and giving statement:
Once the statement is recorded, payment is acknowledged, and the judge has indicated that the decree will follow, backing out becomes extremely difficult and legally unsustainable. Withdrawal of consent after settlement receipt is generally not entertained.

On the papers already signed during counseling and filing:
The documents you signed so far (counseling notes, settlement terms, joint petition, annexures) are not the divorce decree. They form the record and basis of the case. The final and binding document is the decree of divorce signed and pronounced by the judge after second motion (and waiver, if granted). No separate “final signing” by parties is required at that stage beyond the statements on oath.

In short: you are legally entitled to a waiver, your lawyer should move it promptly after failed counseling, the DD should be in your wife’s name and produced on the hearing date, payment and statements should happen together, and the divorce becomes final only when the court passes the decree.

Dear client,

Based on your facts this is a clear mutual consent divorce case annually legally eligible for waiver for 6-month cooling period.

Once you have completed one year of separation in January 2026 the Family Court can waive the 6 months waiting period And a Supreme Court judgment in Amardeep Singh versus Harveen Kaur [2017]. The counselor statement about 18 month is not binding in law and the council only report to reconciliation The judge decides the waiver and on the facts like yours very short cohabitation, no children, no property issue settlement already done could usually allow waiver and the divorce by February March 2026 is realistically possible if waiver is granted.

You should ask your lawyer to file the waiver application immediately after the first motion statements once counseling records that reconciliation is not possible. Waiting to see what the Judge says without filing the reviewer is unnecessary.

The normal family core processes simple counseling then the first motion statements on oath then the waiver hearing then 2nd motion and at the second motion the court confirms consent again and records the settlement payment and demand draft is handover in court to the wife confirms the receipt on oath and the judge passes the final divorce decree.

Legally either party can withdraw the consent any time before the final decree even after giving the statements, that's why money should never be paid outside court. The demand draft should be in the name of the wife not the court's name and this is the safest and the cleanest method which should be prepared in advance but handed over only when the judges ask usually in the 2nd motion.

The papers you already signed during the counseling and filing are not divorced; the marriage ends only when the judge signs the final decree.

If you have any queries please feel free to contact us.

Thank you for your response. In order to provide an appropriate and well-considered reply, it is necessary to have a clear understanding of all relevant facts. I therefore request you to kindly share the complete details of the matter. For a comprehensive discussion and proper legal guidance, a phone consultation will be required.