An important Judgement delivered Supreme Court Judges Justice Adarsh Kumar Goel and Justice Uday Umesh Lalit states that the 6 month cooling off period is not mandatory for divorce in mutual consent divorce petitions. The order mentions that, “We are of the view that the period mentioned in 13B(2) of the Hindu Marriage Act is not mandatory but directory. It will be open to the court to exercise its discretion in the facts and circumstances of each case.”

Section 13B (2) of the Hindu Marriage Act says, “On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks, that a marriage has been solemnised and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree”

To understand how this judgement will help couples who have applied for divorce by mutual consent, Tarun Nangia takes up the issue with an eminent panel comprising of Adv. Aman Hingorani, Adv. Malavika Rajkotia, Adv. Alkanshree Dahar and Adv. Juhi Arora