Hello
Is there any particular form or prescribed application available in order to seek the waiver of 6months statutory cooling period in a mutual consent divorce petition? or Is it sufficient to file as an IA or an application u/s 151 CPC.
Also, what can be the best reason to mention in the application as the parties to the mutual consent divorce have separately living since 2years and the monetary settlements between the parties were done.
thanks in advance
Hello!
Under Section 13B of the Hindu Marriage Act, the husband and wife can seek a divorce through mutual consent where parties agree to separate peacefully. before the court grants divorce to the couple, Section 13-B (2) of the Hindu Marriage Act, 1955 states that for understanding between the couple, a cooling period of six months is provided from the first month to the last month of the final divorce to explore cohabitation and settlement between the couple.
The Supreme Court in the case of Amardeep Singh v Harveen Kaur held that the 6-month cooling-off period mentioned under Section 13-B (2) can be waived in the cases of divorce with mutual consent and there is no need to use Article 142 of the Constitution which was previously used by courts in such situation.
But before waiving the period, the court has to make sure that all the efforts of mediation, conciliation have been exhausted and the parties have settled their differences including alimony, custody of a child or any other pending issues between the parties. In these cases, the waiver application can be submitted, providing reasons for the waiver request.
Best Regards,
Vasundhara Singh
