VIJAYAWADA: The Andhra Pradesh High Court has clarified that the six-month ‘cooling-off period’ prescribed under Section 13B(2) of the Hindu Marriage Act is not mandatory in cases where both spouses have mutually agreed to dissolve their marriage and have resolved all outstanding disputes. The court stated that if there is no possibility of reconciliation and that the settlement between the parties is genuine and voluntary, the cooling-off period can be waived.
Justice Nimmagadda Venkateswarlu made the observation while allowing a petition filed by a couple from Ongole in Prakasam district seeking mutual consent divorce. The judge set aside the order of the Ongole Family Court, which had refused to consider their request for waiver of the six-month waiting period and insisted that the statutory period must be completed before granting divorce.
The couple had approached the Family Court in January this year seeking dissolution of their marriage by mutual consent. During the proceedings, they reached a comprehensive settlement covering issues such as distribution of property, custody of their daughter, payment of permanent alimony, and withdrawal of criminal cases filed by the wife against the husband. Based on the settlement, they filed an application requesting the court to proceed with the divorce without waiting for the completion of the cooling-off period.
However, the Family Court rejected the request, stating that the six-month waiting period was mandatory. Both spouses filed a revision petition before the HC. The court referred to several Supreme Court judgments holding that the cooling-off period is directory rather than mandatory.
