Waiver Application in Mutual Consent Divorce

Last Updated on June 10, 2024 by Satish Mishra

After the judgment of Supreme Court in Amardeep Singh vs. Harveen Kaur (2017) 8 Supreme Court Cases 746, 6 months of statutory cooling off period as specified in Section 13-B(2) in addition to the statutory period of one year under Section 13-B(1) can be waived off at the discretion of District Judge or Addl. District Sessions Judge, who ever is hearing your case after considering the following:

1 The statutory period of 6 months specified in Section 13-B(2), in addition to the statutory period of one year under Section 13-B (1) of separation of parties is already over before the first motion itself;
2 All efforts for mediation/conciliation including efforts in terms of Order 32-A 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;
3 The parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties;
4 The waiting period will only prolong their agony.

Also read: Mutual Divorce 6 Months Waiting Period is not waived off but just made discretionary.

But again, it is up to judge whether to waive or not. So it is 50/50.
Now on what factors waiver application is considered by court, let’s hear it in our own simple words:

1 When marriage is a old one. Preferably 4-5 years above. Less than this period brings hastiness on the part of applicants. Just an observation of court.
2 Separation of considerable period of 3-4 years and above.
3 Kids of much older age, at least 5 above and their maintenance is already sorted out between couple. Custody cum visitation rights issue should also cleared.
4 No confusion as to aftermath of divorce. Who is doing what questions. Financials should be proper complete on papers.
5 Terms and Conditions of divorce already fulfilled and both parties have fulfilled their part.
6 Zero scope of reunion or reconciliation. Couple should show it to the judge in their first initial interaction with him.

Also read- Mutual Divorce Top 10 Myths Busted

Once these factors are in order, judge would be pleased to waive off your 6 month waiting/cooling off period in Mutual Consent Divorce.

But note. It is still within the ambit of judge’s discretion and not a right. So, you may try your luck and rest your Mutual Consent Divorce lawyer will do the needful as desired.