In a significant ruling, the Gujarat High Court has held that the six-month cooling-off period prescribed under Section 13B of the Hindu Marriage Act is not mandatory in cases of divorce by mutual consent and can be waived when reconciliation between the spouses is not possible.
A division bench of Justice Sangeeta K. Vishen and Justice Nisha M. Thakor observed that the Family Court erred in rejecting a couple’s plea for mutual divorce solely on the ground that the six-month cooling-off period had not elapsed. The High Court declared such rejection invalid and set aside the Family Court’s order.
The court clarified that while the cooling-off period is intended to provide couples an opportunity to reconsider and reconcile, it should not be enforced mechanically. Where both parties have taken a firm decision to separate and there is no possibility of reunion, the waiting period can be waived.
The bench further noted that in the case before it, the husband and wife had been living separately for more than one year and had jointly consented to the divorce. In such circumstances, insisting on an additional waiting period would only prolong their suffering.
The ruling provides major relief to couples seeking divorce by mutual consent in cases where reconciliation is clearly impossible, reaffirming that the law should not compel parties to remain in a broken marriage against their will.