Legal Q&A · Family Law

Is the six-month waiting period compulsory in a mutual consent divorce?

Question

My spouse and I have lived apart for over two years and have agreed on everything. Do we have to wait six months between the first and second motion for a mutual consent divorce?

Answer

No, not always. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month period under Section 13B(2) of the Hindu Marriage Act is directory, not mandatory.

The Family Court may waive it where the parties have been separated for a long time, all issues such as alimony and custody have been settled, efforts at mediation have failed, and waiting would only prolong the parties' difficulty. An application for waiver is usually made after the first motion.

Answered by Adv. Meera Iyer, Founder & Managing Partner

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