Can the 6-Month Cooling Period in Mutual Divorce Be Waived in Odisha?
Yes. The 6-month cooling-off period under Section 13B(2) of the Hindu Marriage Act between the first and second mutual consent divorce motions can be waived by the Family Court, following the Supreme Court's ruling in Amardeep Singh v Harveen Kaur (2017), if the marriage has genuinely broken down and all disputes are settled.
By Advocate Debarchana Samal · 30 July 2026 · 7 min read
Understanding the 6-Month Cooling Period
Section 13B of the Hindu Marriage Act, 1955 allows a husband and wife to seek divorce by mutual consent. The process involves two motions: the first motion, where both parties jointly state they have mutually agreed to end the marriage, and the second motion, filed after a mandatory gap, confirming the consent still stands and seeking the final decree. Section 13B(2) requires a minimum gap of 6 months (extendable up to 18 months) between the two motions. The intent behind this period is to give couples a cooling-off window in case they wish to reconcile before the marriage is legally dissolved.
The Amardeep Singh v Harveen Kaur Ruling
In the landmark 2017 judgment of Amardeep Singh v Harveen Kaur, the Supreme Court clarified that the 6-month period under Section 13B(2) is directory and not mandatory. The Court held that where it is clear the marriage has irretrievably broken down, there is no possibility of the parties reconciling, all ancillary issues such as alimony, maintenance, and child custody have been genuinely and voluntarily resolved, and the parties have been living separately for a substantial time, the family court can waive the waiting period and proceed directly to the second motion. This ruling gave family courts across India, including in Odisha, the discretion to expedite mutual consent divorces where prolonging the process serves no real purpose.
Step-by-Step: Applying for Waiver
File the first motion jointly under Section 13B(1)
Both spouses jointly approach the Family Court and file the first motion, along with a settlement memorandum covering alimony, custody, and property terms.
Prepare and file a joint waiver application
If both parties wish to skip the wait, file a separate joint application requesting waiver of the Section 13B(2) cooling period, supported by an affidavit explaining the genuineness of the settlement.
Demonstrate the Amardeep Singh conditions are met
Show the court there is no scope of reconciliation, the parties have lived separately, and all disputes have already been resolved amicably — so the statutory purpose of the cooling period has already been served.
Court exercises discretion to grant or deny waiver
The Family Court examines the application and, if satisfied, may waive the period. This is discretionary — the court is not bound to grant waiver simply because both parties request it.
File the second motion and receive the decree
Once waiver is granted, the second motion can be taken up without further delay, and the court can pass the final decree of divorce, formally ending the marriage.
Conditions That Strengthen a Waiver Application
Important: Waiver of the cooling period is not a right — it is granted at the discretion of the Family Court. A poorly drafted or rushed waiver application can be rejected, requiring the parties to complete the full 6-month wait regardless. Proper legal drafting and presentation significantly improve the chances of the court granting waiver.
Frequently Asked Questions
What is the 6-month cooling-off period in mutual consent divorce?
Under Section 13B(2) of the Hindu Marriage Act, after both spouses file the first motion for mutual consent divorce, the law requires them to wait a minimum of 6 months (and a maximum of 18 months) before filing the second motion for the final decree. This period is intended to give couples a chance to reconsider and possibly reconcile before the divorce becomes final.
Can the 6-month period be waived, and on what basis?
Yes. In Amardeep Singh v Harveen Kaur (2017), the Supreme Court held that the 6-month period is directory, not mandatory, and can be waived by the court if it is satisfied that the marriage has broken down irretrievably, there is no possibility of reconciliation, all disputes including alimony, maintenance, and custody have been genuinely settled, and the waiting period would only prolong the couple's pain without serving any purpose.
Do both spouses need to agree to waive the cooling period?
Yes. Waiver requires a joint application from both spouses. One party cannot unilaterally seek waiver of the statutory period; the request must reflect the mutual and voluntary wish of both parties to expedite the divorce after genuine settlement.
How much time can waiver actually save in a mutual divorce?
If granted, waiver allows the second motion to be filed immediately after the first motion, rather than waiting 6 months. In practice, with efficient filing and a court willing to grant waiver, a mutual consent divorce can potentially be concluded within a few weeks to a couple of months instead of 6 months or longer.
Is waiver granted automatically, or does the court have discretion?
The court has full discretion. Waiver is not automatic even if both parties request it — the Family Court must independently satisfy itself that the marriage is beyond reconciliation and that the settlement is fair and genuine. A well-prepared application with clear settlement terms, supported by legal representation, improves the chances of the court granting waiver.
Considering a Faster Mutual Consent Divorce?
Advocate Debarchana Samal, Cuttack, Odisha, assists couples in drafting settlement terms and applying for waiver of the cooling-off period where genuinely appropriate. Contact us for a confidential consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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