Application for Waiver of Six-Month Cooling Period

The Waiver of Six-Month Cooling Period is governed by Section 13B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954. These provisions allow the court to waive the six-month waiting period between the first and second motion for divorce by mutual consent if the court is satisfied that the parties have been living separately for a period of one year or more, that they have mutually agreed to dissolve the marriage, and that there is no possibility of reconciliation. The Supreme Court has held that the welfare of the parties, especially when children are involved, must be given paramount consideration (Vijay Kumar v. Sunita Devi, Supreme Court, 2010).

The application for waiver is filed in the same family court or district court where the divorce petition is pending. There is no separate government department for this waiver; it is a procedural relief sought from the court. You can check the e-Courts portal (https://ecourts.gov.in) for case status and court listings. A Divorce Lawyer India can assist you in filing the application in the appropriate court.

The process begins after the first motion for divorce by mutual consent is filed. The court typically records the statements of both parties and grants a period of six months for reflection. To obtain a waiver, you must file an application under Section 13B(2) of the Hindu Marriage Act, 1955 or the corresponding provision under the Special Marriage Act, 1954. The court will consider factors such as the duration of separation, the absence of coercion, and the welfare of any children. If satisfied, the court may waive the cooling period and proceed to the second motion immediately. The Supreme Court in Smt. Kavita v. Rakesh (Supreme Court, 2014) emphasized that the welfare of the parties must be given paramount consideration.

The following documents are typically required:

• Joint application for waiver of the cooling period (no standard form number; drafted by the advocate)
• Affidavit of both parties stating consent and absence of coercion
• Proof of marriage (marriage certificate)
• Proof of separation (e.g., separate residence proof)
• Settlement agreement (if any) regarding alimony, child custody, etc.
• Identity proofs (Aadhaar, PAN, etc.) A Divorce Lawyer India will draft the application and affidavits as per the court's requirements.

To be eligible for the waiver, the following conditions must be met:

• The parties have been living separately for at least one year before filing the first motion.
• Both parties have mutually agreed to dissolve the marriage.
• There is no possibility of reconciliation.
• The court is satisfied that the waiver is in the interest of justice and the welfare of the parties, especially if children are involved (as held in Vijay Kumar v. Sunita Devi, Supreme Court, 2010).
• The application is made jointly by both spouses.

The court may waive the six-month period and grant the divorce decree on the same day as the second motion if all conditions are satisfied. However, the actual duration depends on the court's schedule and the complexity of the case. No reported decision was found on this point regarding a fixed timeline.

The court fee for filing the application for waiver is the same as the fee for the divorce petition. Below is an indicative table of court fees (subject to change by the respective state government):

Note: These are government-prescribed court fees only. Advocate fees are separate and should be discussed with your Divorce Lawyer India.