IS SIX MONTHS WAITING PERIOD MANDATORY IN DIVORCES?

Click here to view judgement

A lot of questions come to divorce lawyers about the waiving off of the six month waiting period in a mutual consent divorce.

These are the following circumstances in which the six month waiting period can be waived off:

1. the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself;
2. all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts
3. the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties
4. the waiting period will only prolong their agony