What is the cooling-off period for mutual consent divorce?

Mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955 is a two-motion process. After the first motion, the law prescribes a waiting period of at least six months, and not more than eighteen months, before the second motion.

The purpose of the gap is to give both spouses time to reconsider. However, the Supreme Court has held that this six-month period is directory, not mandatory, and a family court may waive it where:

• The marriage has irretrievably broken down with no chance of reconciliation
• All issues, maintenance, custody, and return of belongings, are already settled
• The parties have lived separately for the statutory period and the waiting time would only prolong their suffering

Waiver is not automatic. It requires a specific application supported by the settlement terms and the history of separation.

In practice at the Lucknow Bench, we find courts grant waiver most readily when the settlement is genuinely complete and reduced to writing, so we finalise every term, including the payment schedule, before filing the waiver application, rather than leaving loose ends for the second motion.

A clean, fully documented settlement is therefore the fastest path to a mutual consent decree. Where children are involved, spelling out custody and visitation clearly in the settlement also avoids fresh litigation later.