6 Months wait period for divorce can be waived :- Supreme Court
A Hindu Couple need not wait for six months for a divorce in mutual content case and now the marriage can be legally terminated in a week. In an important judgement the Supreme Court held that the “cooling-off” period is not mandatory and can be waived.
The Supreme Court further in Amardeep Singh Vs. Harveen Kaur held that 6 months wait period can be waived off under the Hindu Marriage Act if all the efforts of mediation & conciliation has failed. The waive-off can be considered if the parties had already lived separately for at least a year and the parties have genuinely settled their differences including alimony, custody of child or any other pending issues.
Justice A.K. Goel & Justice U.U. Lalit said that the object of the provision is to enable the parties to dissolve a marriage by consent if it has irretrievably broken down and to enable them to rehabilitate them as per available options.
Anandeshwar Gautam, a prominent divorce lawyer in Chandigarh and a senior partner in Supreme Laws said that this judgement will surely help the litigants to save their time as the 6 months waiting period will only prolong their agony.
Yogesh Goel the top family and matrimonial lawyer in Punjab & Haryana High Court said that though there is the mandatory 6 months waiting period required under Hindu Marriage Act but now after fulfilling certain conditions as prescribed in this judgement the mandatory 6 months period can be waived off and it will be big breather for the litigants.