#cooling-off period

MP High Court holds that a mandatory 6-month cooling-off period under Section 13-B(2) of the Hindu Marriage Act can be waived where parties have lived apart for 23 months with no cohabitation, no children, and mutual consent. The ruling emphasizes judicial discretion in cases of irretrievably broken marriages, setting a precedent for expedited divorce proceedings in similar fact-patterns.

MP High Court rules that waiver of the 6-month cooling-off period under Section 13-B of the Hindu Marriage Act requires a specific, explicit application before the Family Court. Mere inference or urgency pleas are insufficient. The Court directed parties to file a formal application within 15 days, aligning with Supreme Court rulings in Amit Kumar and Amardeep Singh. This decision reinforces procedural compliance for divorce by mutual consent, impacting litigants and practitioners in matrimonial disputes.

The Madras High Court ruled that the six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act is directory, not mandatory, and can be waived where reconciliation is impossible. Courts must consider separation duration, failed mediation, and settlement of issues to avoid prolonged agony for parties seeking divorce by mutual consent.