The cooling-off period, and when it can be waived

A Section 13B mutual-consent divorce runs in two motions. Between them the law sets a waiting period, usually six months, meant as time to reconsider. For couples who have genuinely settled, that wait can feel like delay rather than reflection.

In Amardeep Singh v. Harveen Kaur (2017) the Supreme Court held that this period is directory, not mandatory, and a family court can waive it. The court looks for a few things: the parties have lived apart for the statutory period, all issues including maintenance, custody, and property are settled, there is no realistic chance of reconciliation, and the waiver serves the parties rather than prolonging their difficulty.

A waiver is applied for, not automatic, and the court still grants the decree. unknots can prepare the waiver application from your answers for an advocate to review, but the family court decides whether to allow it.