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Abhey (NA)     14 September 2017

Waiver of six months waiting period in mutual divorce case

Dear Forum Members,

I read couple of days back about the Supreme Court judgement concerning waiver of six months 'cooling period' before filing the second motion w.r.t mutual divorce. Me and my wife have been separated since Apr 2016 and filed for mutual divorce in June 2017 in Tis Hazari courts, New Delhi. However our statements were recorded in Aug 2017 and the six months period started from that date onwards. Our alimony clause is already settled and we don't have any child.

In view of this new judgement, we are looking forward to obtain divorce earlier instead of waiting for 6 months. Kindly guide how we can proceed in this regards and also sample petitition format for the same.




 31 Replies

Sachin (N.A)     14 September 2017

You need to file an application before the court to wave-off the cooling off period refering said judgement.

Abhey (NA)     14 September 2017

Thank you for a prompt response. Can you help me with a sample petition for the same.

Siddharth Srivastava (Advocate)     14 September 2017

In the case titled Amardeep Singh vs. Harveen Kaur the Supreme Court has laid down that the court may waive off 6 months waiting period under HMA. It is not a new law but a very old law which has now been reaffirmed by Supreme Court. But this judgement shall not have retrospective effect so in your case if the trial court has already ordered for 6 months period then this judgement should not be of any help. Sidharth 9811776422

Vinod shah (legal assistance for victims of system.     14 September 2017

This is new and specific judgment and allowed for old cases also.

The parties are now at liberty to move the concerned court for fresh consideration in the light of this order. The appeal is disposed of accordingly.

   …………………………………..J. (ADARSH KUMAR GOEL) …………………………………..J. (UDAY UMESH LAL     NEW DELHI;               SEPTEMBER 12, 2017.


SANTOSH GANGUL (lawyer)     14 September 2017

file an application for waiver of cooling period through your advocate by take on.

Kumar Doab (FIN)     15 September 2017

You seem to have NO pending issues  and seem to have settled all issues.

Request the Family Court........ 

Kumar Doab (FIN)     15 September 2017

The judgment is:


Amardeep Singh …Appellant Versus Harveen Kaur …Respondent


CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 11158 OF 2017 (Arising out of Special Leave Petition (Civil)No. 20184 of 2017)

…………………………………..J. (ADARSH KUMAR GOEL)

…………………………………..J. (UDAY UMESH LALIT)


SEPTEMBER 12, 2017.


Kumar Doab (FIN)     15 September 2017

Amardeep Singh …Appellant Versus Harveen Kaur …Respondent


18. Applying the above to the present situation, we are of the view that where the Court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13B(2), it can do so after considering the following :

i) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself;

ii) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts;

iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties;

iv) the waiting period will only prolong their agony.

Abhey (NA)     18 September 2017

Dear Members,

Does anyone have witnessed petition for waiver of 6 months of statutory period, citing the above judgement, being accepted by any court? My lawyer has specified that no such petition has been filed in Tis Hazari court as of now as a result we cannot how Family Court judge will respond to the same.


sai narayana   19 September 2017

Using the above supreme court citation, set the trend in family court.

Network Jack (Engineer)     04 October 2017

Me and my wife are also going to file petition for Mutual Consent Divorce and we certianly dont want to wait for 6 months. Shall i know if this new change is implemented across all trial courts. I heard from someone that this rule is not yet implemented. Someone has filed review petition against the same. I dont know if it is rumour or reality

Siddharth Srivastava (Advocate)     04 October 2017

This is a law laid down by Supreme Court of India and is binding on all courts so go ahead and file an application for waiver of six months time. It no a rumor.

Siddharth Srivastava (Advocate)     04 October 2017

This is a law laid down by Supreme Court of India and is binding on all courts so go ahead and file an application for waiver of six months time. It is not a rumor.

Kumar Doab (FIN)     04 October 2017

Similar query are discussed in many threads that you can ‘SEARCH’ in ‘SEARCH’ option on middle of right hand side of  web page in Experts section and in ‘SEARCH’ option on bottom of right hand side of the web page in Form section…………….


You can also ‘SEARCH in other sections e.g; Articles, Judgments, Files………… And download even citations, judgments, procedures etc etc ………

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