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What is the cooling period for mutual divorce?

  • Writer: Lead India
    Lead India
  • Jun 28, 2023
  • 3 min read

In a mutual divorce, both the husband and the wife agree to the divorce and the terms and conditions of the separation. Compared to a disputed divorce, this one is often quicker and less expensive. Most couples opt for amicable divorce in order to avoid protracted and expensive court battles. The court will often approve the divorce without issue if both spouses concur on the causes of the separation.

The separation must be approved by both partners in order for the mutual divorce to be finalized, but there is one catch. This includes alimony, parenting time, and property division. Even one of their marital disputes must be settled before they may file for divorce, which is known as a contested divorce. The cooling-off period must be followed by any couple who files for a mutual divorce. During this period, the two can contemplate and possibly come to an understanding. The typical six-month cooling-off period is subject to various exceptions.Usually, the divorce will be granted by the court without any issues.



For instance, a shorter cooling-off time might be allowed if one party can show that the other is at fault for the breakdown of the marriage. It's important to remember that, with both parties' consent, the cooling-off period may be prolonged. This could be useful for couples who are having trouble getting along or who need more time to finish their divorce agreement.

Case Laws:

In order to give the couple one last opportunity to patch things up, the Hindu Marriage Act, 1955, Section 13B(2) imposes a 6-month "cool down" or waiting period after the divorce petition is filed before the process can proceed. Civil cases all around the country frequently come to divergent conclusions when it comes to the issue of whether the 6-month cooling-off period is required or whether courts may waive it in specific situations.

The Supreme Court of India reaffirmed its position on this matter in the recently decided case of Amardeep Singh v. Harveen Kaur. By applying the legal meaning to the statutory cooling-off time required by Section 13B(2) of the Hindu Marriage Act, 1955 for couples who split peacefully. In this case, the choices on property division and child custody were decided prior to the filing of the divorce petition. For eight years, they had lived apart and far from one another. The divorced couples had plenty of time to consider their options before the court had to decide whether or not the six-month cooling-off period was still in effect.

Each person's cooling-off phase should be unique because no two relationships are the same. It could take some couples longer than others to consider their options and determine whether to move forward with a divorce. If given the chance to calm down, some people might choose to cohabit after all. In light of this, it might be said that there isn't a single, useful answer to this question. What determines everything depends on the couple's circumstances.

Legal Provisions:

Married couples who wish to seek for divorce must do so through a divorce attorney, according to Section 13-B of the Hindu Marriage Act of 1955. Both parties must agree to an amicable split in order for the divorce to be deemed consensual. A marriage can be legally ended if both parties agree, and the procedure is simple.

The Hindu Marriage Act of 1955 mandates a six-month cooling-off time to consider settlement and cohabitation options in between the first and last petitions for divorce by consent. Officially, the interval is known as the "cooling period." It is reasonable for both parties to work towards a divorce settlement. The least expensive method of ending a marriage is frequently a mutual, uncontested divorce. But in a low-key divorce, the cooling-off period—which requires no effort is actually the crucial breathing space.

It is impossible to address the cooling-off period in all situations of amicable divorce. Each divorce will have unique circumstances, thus the length of the cooling-off period may vary. But generally speaking, the purpose of the cooling-off period is to give couples some time to think over their divorce choice and make sure it is the wisest course of action for both parties.

If the couple lives in Mumbai then court marriage Mumbai should be done and court marriage procedure Mumbai should be followed. Moreover if the couple lives in Ahmedabad then court marriage in Ahmedabad may be done.

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