#cooling period waiver

Allahabad HC ruled that the statutory six-month cooling period under Section 13-B(2) of the Hindu Marriage Act, 1955, cannot be waived, but once elapsed, the Family Court must proceed with the mutual divorce petition. The ruling clarifies that waiver rejections become infructuous post-cooling period, directing expeditious disposal of pending petitions.

Allahabad HC rules that a six-year separation and completion of the first motion under Section 13B HMA are sufficient grounds to waive the mandatory cooling period, reinforcing judicial discretion in mutual consent divorces where reconciliation is improbable. The decision aligns with precedents like Amardeep Singh vs Harveen Kaur, offering relief to couples in irretrievably broken marriages.

The Madhya Pradesh High Court ruled that the six-month cooling period under Section 13-B of the Hindu Marriage Act is directory, not mandatory, when parties have lived separately since marriage with no possibility of reconciliation. The court emphasized judicial discretion in waiving the period where marital cohabitation never commenced, reinforcing flexibility in mutual consent divorces for 'non-starter' marriages.

Madhya Pradesh High Court rules that the six-month cooling period under Section 13-B of the Hindu Marriage Act is directory, not mandatory, and may be waived where the marriage has irretrievably broken down with no scope for reconciliation. The decision underscores judicial discretion in mutual consent divorces, particularly where parties have settled all disputes and cohabitation is impossible.

Madhya Pradesh High Court waives mandatory 6-month cooling period under Section 13-B HMA where parties have lived separately for over eight years with no chance of reconciliation.