After filing mutual divorce six months waiting period is mandatory


After filing mutual divorce six months waiting period is mandatory or not?


Answers (4)

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)


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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 )

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience

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

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

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Legal Notice / Reply to Legal Notice for Divorce

4.6 | 45 ratings
30 Min Intro call + Start to finish help
60 Min Marriage / Relationship Counselling Session by Phone

No Ratings
60 Min telephonic counselling session with an expert relationship counsellor
15 Minutes Divorce Advice Session by Phone

4.8 | 371 ratings
Ask questions and get advice from a local experienced advocate on divorce and separation
Court Marriage

4.8 | 94 ratings
Work with a local experienced family advocate to guide you through your court marriage.
File for Mutual Divorce

4.8 | 241 ratings
Get hassle-free mutual divorce for both Indian and NRI couples through experienced lawyer in your city
Marriage Registration

4.8 | 170 ratings
Get your marriage registered through an experienced local advocate in the city of your residence
Similar questions

My brother got 2nd marriage without divorce 2years before...Now he has a child from second marriage.. Now mutual divorce process is going on from firs…

Read More

hi im a housewife from nashik i have two children im hindu n mybis love cum arrange marriage but now i feel i should get seprated from my husband n i …

Read More

What is my wife dont attend the cout for the final hearing after 6 months of time. she is leaving to abroad. is there a way that i can get divorce, wi…

Read More

My sister is facing domestic violence for 14 years and we have tried our best to settle her but now position is going to be worst and having no option…

Read More

Talk to a lawyer for your legal issue