Supreme Court: The 6-month statutory "cooling-off" period for mutual consent divorce can be waived if there is zero possibility of reconciliation.

As rightly submitted by

the learned counsel appearing for the parties, the

decision in Amardeep Singh (supra) has been taken

note of, and explained by this Court in Amit Kumar

v. Suman Beniwal – (2023) 17 SCC 648. Paras 18 to 21

of the same states as follows:

“18. Where there is a chance of

reconciliation, however slight, the cooling

period of six months from the date of

filing of the divorce petition should be

enforced. However, if there is no

possibility of reconciliation, it would be

meaningless to prolong the agony of the

parties to the marriage. Thus, if the

marriage has broken down irretrievably, the

spouses have been living apart for a long

time, but not been able to reconcile their

differences and have mutually decided to

part, it is better to end the marriage, to

enable both the spouses to move on with

life.

21. The Family Court, as well as the High

Court, have misconstrued the judgment of

this Court in Amardeep Singh v. Harveen

Kaur (supra) and proceeded on the basis

that this Court has held that the

conditions specified in para 19 of the said

judgment, quoted hereinabove, are mandatory

and that the statutory waiting period of

six months under Section 13-B(2) can only

be waived if all the aforesaid conditions

are fulfilled, including, in particular,

the condition of separation of at least

one-and-half year’s before making the

motion for decree of divorce.”

When the parties have taken a conscious decision

to seek a decree of divorce by mutual consent under

Section 13B of the Act, there is no point in keeping

the marriage continuing. 

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO . 80 1 /202 6

[@ SLP [C] NO.3775/2026]

MISHA SOMANI  Vs RITURAJ SOMANI 

Dated: FEBRUARY 02, 2026.

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Under which circumstances the court must waive the cooling off period in petition for divorce by mutual consent?

 Normally, we come across cases where parties continue to fight, though there is no possibility of reconciliation. In such cases, the parties are encouraged to explore the possibility of an amicable settlement and are even referred for mediation so that they can put an end to the litigation. However, when the parties apply for divorce by mutual consent, they have taken a conscious decision to separate and thus have shown a reasonable approach. Such a decision shows that they have decided to move ahead, and thus, there is every chance of rehabilitation. The newly married couple not being able to reside together, or a couple married for quite some time is unable to continue to stay together for various reasons, itself would be a mental agony. Thus, once the Court is satisfied that the parties have taken a conscious decision to separate and move ahead and that there is no possibility of reconciliation, the Court should adopt a realistic approach and exercise the discretion to waive the waiting period. Hence, it is the duty of the Court to assist the parties by exercising the discretion to waive the cooling off period and free them from the stress of their application for divorce remaining pending. {Para 9}

 IN THE HIGH COURT OF BOMBAY

Writ Petition No. 9369 of 2024

In Re: Sneha Akshay Garg and Ors.

Hon'ble Judges/Coram:

Gauri Godse, J.

Citation:  MANU/MH/4846/2024

Decided On: 25.07.2024.

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