Cooling-Off Period under the Hindu Marriage Act, 1955

The cooling-off period is the statutory waiting period prescribed between the first motion and second motion in a petition for divorce by mutual consent under the Hindu Marriage Act, 1955 (HMA). Its purpose is to provide the spouses an opportunity to reconsider their decision and attempt reconciliation before the marriage is legally dissolved.

The cooling-off period is provided under Section 13B (2) of the Hindu Marriage Act, 1955.

Section 13B (2) reads:

“On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the Court shall, on being satisfied… pass a decree of divorce.”

Thus, the law provides:

• Minimum waiting period: 6 months from the date of filing the first motion.
• Maximum period: 18 months, within which the second motion should ordinarily be made; otherwise, the petition may lapse.

# Why was the Cooling-Off Period Introduced? 

The object of Section 13B (2) is:

• To preserve the institution of marriage.
• To allow the parties to reconsider their decision.
• To provide time for mediation and reconciliation.
• To ensure that the decision to dissolve the marriage is voluntary and not made under emotional pressure.

It is intended as a safeguard rather than a punishment.

# Is the Cooling-Off Period Mandatory?

No.

The law was settled by the Supreme Court in:

Amardeep Singh v. Harveen Kaur

The Supreme Court held that:

The six-month period under Section 13B (2) is directory and not mandatory.

Therefore, Family Courts have the power to waive the cooling-off period where the facts justify such waiver. 

# Conditions for Waiver of Cooling-Off Period

In Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746, the Supreme Court laid down the following conditions:

The Family Court may waive the six-month waiting period if:

1. The parties have already lived separately for more than one year before filing the first motion.
2. All efforts at reconciliation, mediation and conciliation have failed.
3. There is no possibility of reunion.
4. The parties have settled all disputes relating to:

             Permanent alimony/ Maintenance/ Child custody/ Visitation rights

             Property/ Other pending litigations

There is no prescribed minimum period to which the six months can be reduced. If the court is satisfied that the conditions for waiver are fulfilled, it may waive the entire six-month period.

# Procedure for Seeking Waiver

AT Legal Crusader we adopt the following procedure:

1. File the first motion under Section 13B (1).
2. File a joint application seeking waiver of the six-month period.
3. We Demonstrate:

Long separation / Settlement of all disputes /Failure of reconciliation efforts and No possibility of resuming cohabitation.

1. After satisfaction, the Family Court allow the waiver and proceed with the second motion without waiting for six months.