• Can the 6 month cooling period waived for mutual divorce

I need some advise. Me and my wife have been staying separately since May 2010. I had filed a divorce case in 2011, and this was contested by my wife. In  May 2014, I withdrew the above mentioned case and then me and my wife decided to file a mutual consent divorce, under section 13B. 
Can the 6 month cooling period be waived off in our case ?. 
I have heard from my lawyer, that a Supreme Court bench is looking upon this cooling off period and till now there is no decision.
Please advise
Asked 2 years ago in Family Law from Bhubaneswar, Odisha
Religion: Hindu
The six month cooling off period as of the current law cannot be waived of. it is important period since cooling-off period sometimes results in reconciliation between the estranged husband and wife leading to saving their marriage.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
IT IS very difficult in your case so you can go ahead as per settled law
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1) conciliation period of six months cannot be waived to get divorce decree,  only Supreme Court has got the power to grant relaxation in such cases by invoking the doctrine of irretrievable breakdown of marriage.

2) high courts and civil courts cannot exercise their powers for curtailment of the statutory waiting period of six months under section 13B(2) of the Act, but only apex court can do it.
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Hi, you have to wait for Six months and then only you can get divorce, as per law you have to wait six months.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hi,
 If you have not withdrawn the case it would have been possible to settle and consent term of settlement &file application to convert it into mutual consent and get the order immediately. if your wife have withdrawn the matter you have to file fresh divorce application on mutual consent divorce and there is no waive off on cooling period .You will have to wait 6 months time for decree.
 In your case as there was already a petition existing for divorce it could have been settled and proceeded on mutually for a decree.There must have been some reason why the advocate concerned did not proceed so.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Yes you can waive Six months time on filing an petition in the high court and mention about your desertion period details in the petition in detail file a case for divorce by mutual consent and then apply to high court by a petition for waiving 6 months time. Under the provision, once the petition for divorce under “mutual consent” was filed, the parties have to wait for a six months period before another application is moved jointly for getting the decree of divorce. In the Anjana Kishore Vs Puneet Kishore case, a three-judge bench of the apex court waived off the six month period for granting the decree of divorce by exercising its extraordinary powers under Article 142 of the Constitution. Article 142 empowers the Supreme Court to pass any order or judgement for rendering justice to individuals and others. Thereafter, a number of high courts and even matrimonial courts started granting divorce decrees without waiting for the mandatory period.subsequently, in the Anil Kumar Jain vs Maya Jain case, another three-judge bench opined that only the Supreme Court has the power to waive off the six month period and not the high courts, much less the matrimonial courts
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Supreme Court of India only which has extra ordinary powers under Article 142 of the Constitution of India to grant relief under section 13B of the Hindu Marriage Act,1955 without waiting for statutory 6 months period thus waving off the said cooling period and pass decree of divorce immediately.The Supreme Court of India in Anil Jain v/s Maya Jain case clarified this issue.
However you have filed the case in the year 2011 and already passed three years then you can try to file a Revision Petition in District Judge to consider for waving off the cooling period on special hardship.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
Hello,
Under the current circumstances you have no option but to wait for the 6 month's cooling off period to pass off especially as an earlier contested petition was withdrawn and a new petition   under section 13B of HMA has been filed.
Though the Supreme Court extra ordinary powers to grant an exemption it is resorted to only in exceptional circumstances.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
it can be only by supreme court
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
If your earlier contested petition was subsisting then there was a chance to condone the 6 months' cooling period for MCD, since the earlier petition is withdrawn and a new petition U/s.13B of HMA has been filed, the SC may not grant an exemption in your case.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
Dear Querist
only SC have power to waived off the cooling period
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
1. Yes, the six months cooling period can be waived by the Supreme Court on valid grounds,

2. You shall have to file a petition before thye apex court praying for such waiver on the acceptable grounds.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0