Conditions for waiver of 6 months period in mutual divorce case


what are the condition for waiver of 6 month period as supreme court allowed. I have heard that the waiver only can be passed by high court and supreme court. my divorce case is running in tis hazari court-mutual divorce. if i go for waiver for 6 month cool off period, will it be approved by tis hazari court or not? Please reply

Answers (3)


243 votes

It was held that where the Court dealing with a matter was satisfied that a case was made out to waive the statutory period under Section 13B(2), it can do so after considering the following : the statutory period of six months specified in Section 13B(1) of separation of parties is already over before the first motion itself;
all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by anyany further efforts.


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187 votes

In case of mutual divorce where the court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13B(2), it can do so after considering the following; (1) the statutory period of six months specified in section 13B(2) in addition to the statutory period of one year under section 13B(1) of separation of parties is already over before the first motion itself; (2) all efforts for mediation/conciliation…to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts; (3) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues…; and (4) the waiting period will only prolong agony,” so in your case if it will be the case you can take the waiver in district court aswell.

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296 votes

Yes it's approved by same court where your first motion filed ,if your date of separation is above 18 months you will file application for waiver off time.in the same court some legal para is also mentioned in the application

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