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Supreme Court Removes 6-Month Cooling-Off Period: Divorce + All Cases Closed in a Single Order
The Supreme Court of India has delivered a historic judgment that significantly changes the framework of mutual consent divorce under Indian matrimonial law. In the landmark case Shilpa Sailesh v. Varun Sreenivasan, the Court clarified that the 6-month cooling-off period under Section 13B(2) of the Hindu Marriage Act is not mandatory, and can be waived under Article 142.
This judgment brings relief to thousands of couples who are trapped in long litigation despite having already separated and reached settlement terms.
🔍 Background of the Case
In this matter, the husband and wife had been living separately for several years. Their disputes had multiplied into several legal proceedings, including:
- 498A (cruelty)
- Domestic Violence Act cases
- Maintenance proceedings
- FIRs
- Transfer petitions
Both parties wanted to end all litigation and dissolve the marriage legally through a mutual settlement. However, Section 13B required:
- mandatory separation of one year
- and a 6-month waiting period between the first and second motion
This caused unnecessary delay and hardship.
⚖️ Key Questions Before the Constitution Bench
The Supreme Court considered two major questions:
1️⃣ Can the Court waive the 6-month cooling-off period under Article 142 and grant immediate divorce?
2️⃣ Can the Court dissolve the marriage even if one spouse objects when the marriage is irretrievably broken?
These questions were examined by a five-judge Constitution Bench.
📚 Important Legal Principles Considered
The Court analysed several earlier judgments:
- Union Carbide Case – Article 142 enables complete justice.
- Supreme Court Bar Association Case – Article 142 can override procedural laws.
- Amardeep Singh v. Harveen Kaur – cooling-off is not mandatory.
- Gian Singh, Jitendra Raghuvanshi – settlement must be encouraged.
- N.G. Dastane, V. Bhagat – defined mental cruelty, long separation.
These principles helped the Court form a comprehensive understanding that matrimonial disputes require flexibility.
📑 Interpretation of Section 13B(1) and 13B(2)
The Supreme Court clarified:
“The 6-month cooling-off period is procedural, not substantive.”
If the settlement is genuine, the marriage has broken down irretrievably, and the parties have been separated for long, the Court can waive the cooling-off period and grant immediate divorce.
🏛️ Five Major Conclusions of the Supreme Court
1️⃣ Cooling-Off Period Can Be Waived
Article 142 gives complete discretionary power to the Supreme Court.
2️⃣ Divorce Can Be Granted in One Single Order
No need for:
- second motion
- waiting 6 months
- returning to Family Court
3️⃣ All Civil & Criminal Cases Can Be Closed Together
The Court can quash:
- 498A cases
- Domestic Violence cases
- 125 CrPC maintenance
- FIRs
- Transfer petitions
- Other related disputes
4️⃣ Irretrievable Breakdown Is a Valid Ground
Even if one spouse opposes the divorce, the Court can grant it.
5️⃣ Purpose: To Prevent Unnecessary Litigation
Long matrimonial battles only cause emotional and financial suffering.
👨👩⚖️ What This Means for the Public
If your marriage is:
✔ completely broken
✔ long separation exists
✔ multiple cases are pending
✔ a settlement is already reached
The Supreme Court can:
➡ grant divorce without the 6-month wait
➡ bypass the second motion
➡ close all pending cases in one order
This ruling provides huge relief to couples facing long, painful litigation.
📞 Legal Help and Guidance
For detailed advice or assistance with settlements, divorce, or case closures:
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