After filing mutual divorce six months waiting period is mandatory

667 votes

In accordance to the provisions of The 1955 Hindu Marriage Act provides for a statutory cooling period of six months between the first and the last motion for seeking divorce by mutual consent to explore the possibility of settlement and cohabitation but that can be waived now with the directions of the High court or supreme court

Advocate Rohit Kashyap LawRato

975 votes

Period of six months is mandatory. But in exceptional cases where there is extraordinary ground then court can wave the period of six months. Supreme court has ample powers to wave the same. Recently supreme court has held that in exceptional circumstances the court has powers to wave

Advocate Kanwarjit Singh Pruthi LawRato

551 votes

It is mandatory period as per section13 b of hma act but although in various judgements of Hon’ble Supreme Court the time of 6 months is not seriously taken and a decree of divorce was granted without observing the 6 months period.
But the period of 6 months mostly relaxed by the Supreme Court and not other courts . (Breakdown of marriage )

Advocate Sahil Jhamb LawRato

863 votes

Waiting period is mandatory.... But Supreme Court issued latest guidelines regarding waiver of six months waiting period .....Trail court hv discretion regarding waiver of waiting period ...(according to facts of the case)

Advocate Manish Modi LawRato