S.13B(2) HMA | Continuation Of Cooling-Off Period Where Couple Conciously Decides To Part Ways Can Prolong Hardship: AP High Court
The Andhra Pradesh High Court has reiterated that the six-month cooling-off period under Section 13-B(2) of the Hindu Marriage Act, 1955, governing divorce by mutual consent, is directory and not mandatory, and may be waived where parties have genuinely settled all disputes and there is no possibility of reconciliation.
Justice Venkateswarlu Nimmagadda, while clarifying the object of the cooling-off period, observed:
“This Court reiterates that the object of Section 13-B(2) is to provide a reasonable opportunity to the parties to reconsider their decision and explore the possibility of reunion. However, when the parties have been living separately for a considerable period, have settled all supplementary issues, and have consciously decided to part ways, the continuation of the statutory period would serve no useful purpose. On the contrary, it would result in prolonging the agony and hardship of the parties. The law does not mandate the preservation of a matrimonial bond that has irretrievably broken down and where there is no likelihood of reconciliation.”
Relying upon the Supreme Court decisions in Amardeep Singh v. Harveen Kaur, AIR 2017 SC 4417, and Amit Kumar v. Suman Beniwal, (2023) 17 SCC 648, the Court reiterated that the cooling-off period under Section 13-B(2) is not mandatory but directory, and can be waived in appropriate cases where the court is satisfied that parties have genuinely resolved their disputes and reconciliation is not possible.
The case arose from a civil revision petition challenging an order of the Family Court refusing to advance hearing of a mutual consent divorce petition and declining to waive the statutory cooling-off period. The Family Court had held that the six-month period was mandatory and that referring the matter for mediation before expiry of the period would defeat its object.
According to the petitioners, they married in December 2022 and had a daughter in September 2023, but had been living separately for about one year due to matrimonial disputes. They filed a petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act and subsequently sought advancement of the matter, contending that all disputes had been amicably settled. The settlement included payment of Rs.62 lakhs towards permanent alimony and the minor daughter's share, settlement of house plots, and withdrawal of criminal cases.
Challenging the Family Court's refusal, the petitioners argued that the purpose underlying the cooling-off period had already been achieved, as they had resolved disputes and had consciously decided to dissolve the marriage. They contended that insisting on the waiting period would serve no useful purpose.
Examining the rival contentions, the High Court found that the parties had placed on record a complete and voluntary settlement covering permanent alimony, custody and welfare of the minor child, and distribution of properties, leaving no subsisting disputes for adjudication. The Court held that the conditions laid down by the Supreme Court for waiver of the cooling-off period stood fulfilled in the present case.
Setting aside the Family Court's order, the High Court allowed the revision petition and directed the court below to take up the application for advancement of the matter and pass appropriate orders on dissolution of marriage by mutual consent, in accordance with law, as expeditiously as possible.
Case Title: X & Anr. v. Nil
Case Number: Civil Revision Petition No.1405 of 2026
Counsel for Petitioners: Mrs. Ayesha Azma S