Under Section 13B(2) of the Hindu Marriage Act, the law prescribes a statutory waiting period of 6 months between First Motion and Second Motion. However, in the landmark Supreme Court decision Amardeep Singh vs. Harveen Kaur (2017), the apex court ruled that the 6-month cooling-off period is directory and not mandatory.
Adv. Jyoti Chavhan assists couples in filing a Fast Track Mutual Divorce Cooling Off Period Waiver Petition before court, allowing the divorce to be finalized within days or weeks instead of months.
Conditions Required for Waiving Cooling-Off Period:
- 1+ Year Separation Completed: Statutory period of 1 year or more of living separately prior to First Motion.
- All Settlements Finalized: All financial claims, permanent alimony, and child custody arrangements fully settled without ambiguity.
- No Scope for Reconciliation: All mediation, conciliation, and reconciliation efforts have failed completely.
- Genuine Legal Hardship / Urgency: Relocation abroad, NRI employment, remarriage plans, or financial settlement timelines.
