Six month cooling off period for mutual consent divorce directory, not mandatory, holds SC
The Supreme Court has held that the cooling off period of six months that a married couple seeking a divorce by mutual consent is required to wait for under the Hindu Marriage Act, is merely directory, and not mandatory. Family Court judges can now waive this period provided that the parties have been living separately for a year before applying for divorce, and all efforts for reconciliation have failed. The cooling off period of six months was incorporated as a pre-condition to mutual consent divorce to enable reconciliation of the parties, and has been criticized for unduly delaying relief to parties, with the misplaced objective of preserving the institution of marriage.
Amardeep Singh v. Harveen Kaur C.A. No. 11158/2017