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Writer's picturethelila500
Jan 9, 20233 min read

How Do I Request To Reduce The Cooling Time For Mutual Divorce?

When both husband and wife want to dissolve the marriage, legal action for a mutual consent divorce is started. By consent, they decide to part ways. Section 13 of The Hindu Marriage Act of 1955 stipulates that both the husband and wife have the legal right to divorce each other for a number of reasons. Additionally, mutual consent divorce is allowed under Section 28 of the Special Marriage Act of 1954 & Section 10A of the Divorce Act of 1869.


The court ruled that the Hindu Marriage Act of 1955's provision for a six-month cooling-off period is advisory to the courts and not mandatory. Therefore, if additional requirements are met, such as the fact that the spouses have been apart for longer than 18 months, that all attempts at consolation and concession to bring the parties back together have failed, and that the parties have actually resolved their differences, the divorce proceedings currently underway have the right to suspend or reduce the cooling time.


Objectives of Cooling Time for Mutual Divorce

  • To protect against making a hasty choice if there was still a chance that disagreements may be resolved

  • Not to prolong an ineffective marriage or the partners' suffering when there is no hope of a reunion

  • If there is no hope of reconciliation, but there is a potential for new rehabilitation, every effort must be taken to preserve the marriage.

  • The court shouldn't be helpless to give the parties a better choice.



When to Approach the Judiciary on Reducing the Cooling Time for Mutual Divorce


When the objective for cooling time in a mutual divorce is not fulfilled, then:

  • One can request the Judiciary to reduce the cooling time in mutual divorce when both parties feel that there is absolutely no possibility of reconciliation among both of them.

  • One can request the Judiciary to reduce the cooling time in mutual divorce when either of the parties feels that their partner is putting them in extreme conditions of mental cruelty.

  • One can request the Judiciary to reduce the cooling time in mutual divorce when either of the parties withdraws the undertaking made by both parties to the agreement.

  • One can request the Judiciary to reduce the cooling time in mutual divorce when the six-month cooling-off period outlined in Section 13B (2) and the one-year term outlined in Section 13B (1) has already expired.

  • One can request the Judiciary to reduce the cooling time in mutual divorce if the parties have previously resolved their problems and reached an agreement on issues like alimony and child custody.

Judicial Approach of Cooling Time in Mutual Divorce


In the case of Abhay Chauhan v. Rachna Singh (2006) the parties' marriage had been solemnized four years prior, and as both were 30 years old, intelligent, and mature, there was no chance of reconciliation. In this case, the Delhi High Court ruled that there are some circumstances in which the 6-month cooling-off period may not apply or can be reduced.


In the case of Avneesh Sood vs. Tithi Sood (2012), the courts ruled that subject to an agreement reached between the spouses, a spouse who agrees to abide by the consent in the first motion for the marriage to be dissolved under Section 13B (1) of the Hindu Marriage Act shall not be permitted to withdraw such an undertaking to file a second motion.


In the case of Rajiv Chhikara vs. Sandhya Mathu (2016), retracting from mediation will be viewed as mental cruelty, the Delhi High Court ruled. The court found that the relationship was now irreparably broken. As a result, if one partner insists that the marriage bond be upheld in these circumstances, doing so would amount to treating that partner with excessive mental cruelty.


Therefore the family courts now have the discretion to decide whether or not to waive the six-month cooling-off period or to reduce them, according to the Supreme Court. The Court further decided that a waiver request might be submitted as soon as one week following the filing of the divorce petition with the court.


You will need a well-experienced and competent divorce lawyer to carry out the procedure of divorce by helping in reducing the waiving or cooling-off period smoothly and efficiently. If you want to file divorce cases in Noida, then Divorce Lawyers in Noida can be hired, and if you want to file divorce cases in Faridabad, then Divorce Lawyers in Faridabad can be hired. Likewise, Divorce Lawyers in Delhi can be hired if you want to file divorce-related cases in Delhi.


You can talk to a lawyer at Lead India Law. At Lead India Law, you can ask questions to experts online for free and receive free legal advice online.


Call Us: +91–8800788535


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