Case at a Glance
A couple who married in December 2023 and separated weeks later, with the husband in the UK, jointly sought divorce by mutual consent. The Family Court, Ahmedabad, rejected their petition as premature because the six-month cooling-off period had not run and no waiver was sought. The Gujarat High Court, following Amardeep Singh v. Harveen Kaur, held the period directory, restored the petition, allowed the parties to file a waiver application within two weeks, and directed a decision within six months.
Background
The parties married on 9 December 2023 and have lived separately since 17 January 2024, the wife in Ahmedabad and the husband in the UK. They filed their first motion under Section 13B of the Hindu Marriage Act on 1 April 2025 and moved the second motion on 24 July 2025.
On 8 August 2025 the Family Court, Ahmedabad, rejected the petition (Family Suit No. 1054 of 2025), holding that the cooling-off period was not an empty formality and that, with no waiver application filed, the petition was premature. The couple appealed.
The Question Before the Court
Is the six-month cooling-off period under Section 13B(2) mandatory, so that a petition must be rejected if it has not run?
Directory, Not Mandatory
Following Amardeep Singh v. Harveen Kaur, the Court held that the six-month period in Section 13B(2) is directory, not mandatory, and can be waived in suitable cases. Its purpose is to prevent hasty decisions, not to prolong a marriage with no prospect of reunion. Waiver may be considered where the statutory periods have run, mediation has failed, the parties have settled issues such as alimony and custody, and waiting would only prolong their agony; a waiver application may be filed a week after the first motion.
Recording the parties' agreement to file a waiver application within two weeks, the Court allowed the appeal, restored the petition to the Family Court's file, and directed the Family Court to decide it, uninfluenced by its earlier judgment, within six months.
What the Court Held
- The six-month cooling-off period under Section 13B(2) is directory.
- It can be waived where the conditions in Amardeep Singh are met.
- The petition was restored to the Family Court.
- A waiver application is to be filed within two weeks and the matter decided within six months.
Why It Matters
- Couples with no chance of reunion need not always wait six months.
- Family Courts should consider waiver rather than reject petitions outright.
- It clarifies the practical route for waiver applications.
For Litigants / For Counsel
For litigants
- If you want the cooling-off period waived, apply for it specifically.
- Settle custody and alimony first to strengthen a waiver request.
For counsel
- File the waiver application a week after the first motion, with reasons.
- Rely on Amardeep Singh criteria.
Key Takeaways
- Cooling-off is directory.
- Waiver can be sought.
- Petition restored.
- Decision within six months.
FAQs
Is the six-month wait compulsory?
No. The Court held it is directory and can be waived.
What should the parties do now?
File a waiver application within two weeks.
Does this apply to all couples?
Waiver depends on the Amardeep Singh conditions being met.
Conclusion
The Gujarat High Court held that the cooling-off period is a safeguard, not a barrier, for couples whose marriage is clearly over.
Practical takeaway: ask for a waiver rather than waiting by default.