Manoj Kosi (Teacher) 03 May 2012

Mutual divorce without 6 months cooling period?

Me and my wife are separated for more than 15 months (she is staying with her parents) and now we both have decided to end this marriage legally. But it has come to my notice that it will require another 6 more months for us to get a divorce? What the hell is this? When we both are not staying with each other for more than 1 year, why do we need this cooling period? I have seen everything (cooling, heating, mental tortures, false complaints) in these 15 months and I cannot (even she cannot) wait for another 6 months to get rid of each other. Can somebody suggest if we can get a divorce in a week or may be in a month? Is there any process as this 6 month mandatory stuff is bullsh*t?

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6 Replies

Prakash (executive) 03 May 2012

Good Manoj, I under stand you emotional feelngs,

Now you can apply the consent divorcee without waiting for 6 Months, you both can pray to judge to waive the period and issue the orders.

Now there is a rule where the judge can waive the cooling period and issue the orders immediately.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 May 2012

Dear manoj

as per the section 13 B of The Hindu marriage ACt, 1955

13B. Divorce by mutual consent.

(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws Amendment Act, 1976 , (68 of 1976 .) on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that thy have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub- section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.]

You can file a mutual conset divorce before the court and this period can be waived off.as provided in sub-section (2) of the section, the period of six months cannot be taken as mandatory, because if it is mandatory the very purpose of liberalised concept of divorce by mutual consent will be frustrated, especially when the parties have live separately and there was no chance of reunion.

(K.Thruvengadam v. Nil, AIR 2008 Mad 76

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Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 May 2012

Dear manoj

The requirnment of the motion within the time specified under sub section (2) of the section 13B of the Hindu marriage Act 1955 is merely a matter of formality and that a decree for divorce by mutual consent can be grant without waiting for the period of six months specified in the section.

Dhanjit Vadra v. Beena Vadra AIR 1990 Del 146

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Shantanu Wavhal (Worker) 03 May 2012

Sarve-pi Sukhinah Santu !

Manoj Kosi (Teacher) 04 May 2012

Thank you Mr. Nadeem, I really appreciate your help in this matter. I was frustrated when somebody told me that I have to wait for another 6 months to start a new life. I wonder why some laywers have different opinions.

Marriage is all about happiness and respect - and when both partners are not staying with each other for 15 months, then I don't think another 6 months can do any trick. Everybody should get a chance to start a new life and this 6 months stuff is a cruelty by law.

Thanks again Mr. Nadeem.

Amit - Sorry for the outburst y'day, no hard feelings.

Rajib Banerji (Self Employed) 12 April 2013

I know people who have been contesting divorce cases for more than 5 years then when they decide to settle for mutual divorce they are asked to file a fresh joint petition under section 13B and wait for 6 months for the decree instead of converting the existing contested divorce case into a mutual one.This 6 months cooling period is ok for people living seperately for a year then file for mutual divorce,but for people who have been contesting divorce cases for many years and then one day decide to settle it mutually it becomes a real pain.The hon'ble Supreme court should see to it that divorce seekers are given relief and not misery.The Trial Courts should have the power to grant immediate divorce to couples who have been seperated for a number of years.It is totally unacceptable that for example if a man from Bangalore wants the 6 months cooling period waved off,he has to go all the way to Delhi & file a mutual consent divorce in the Supreme Court.

Obviously, the intentions behind the “cooling off period” is good. But it paves the way to the road to hell for many couples. Why keep people legally bound together for longer than they desire? Are those jurisdictions who favor this notion of a “cooling off period” really that paternalistic that they believe they know better than two consenting adults if a marriage is over or not? Presumably if two people come in seeking a divorce, the marriage has been disintegrating for some time. There is no need for additional cooling off time.