The Punjab and Haryana High Court has allowed a civil revision petition for setting aside an order of the Family Court, Faridabad, which had refused to waive the statutory six-month cooling-off period prescribed under Section 13-B(2) of the Hindu Marriage Act, 1955, for grant of divorce by mutual consent.

The petition under Article 227 of the Constitution challenged the Family Court’s order dated 06 January 2026, by which a joint application moved by the parties seeking waiver of the mandatory waiting period had been dismissed.

The marriage between the petitioner and respondent was solemnised on 03 February 2014, and twin daughters were born from the wedlock in February 2016. Due to irreconcilable temperamental differences, the parties began living separately from April 2023. During the pendency of a divorce petition filed by the husband on grounds of cruelty and desertion, the parties amicably settled all disputes through a settlement agreement dated 24 November 2025 and jointly filed a petition for divorce by mutual consent.

The statements of the parties at the first motion were recorded on 24 November 2025, and the matter was adjourned to 27 May 2026 for the second motion. Subsequently, both parties jointly applied for waiver of the six-month statutory period, stating that there was no possibility of reconciliation. However, the Family Court declined the request.

Allowing the revision petition, Justice Harkesh Manuja observed that the object of the cooling-off period under Section 13-B(2) is not to prolong the agony of the parties but to provide them an opportunity to reconsider their decision. Once it is evident that reconciliation is impossible and the marriage has irretrievably broken down, insisting on the waiting period would defeat the very purpose of the provision.

Relying on the Supreme Court’s decision in Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746, the Court held that all conditions necessary for waiver of the statutory period stood satisfied in the present case. The High Court noted that compelling the parties to wait further would only add to their suffering and delay their rehabilitation.

Accordingly, the impugned order dated 06 January 2026 was set aside. The parties were directed to appear before the Principal Judge, Family Court, Faridabad, on 10 February 2026 for recording their statements for the second motion, with a direction to waive the six-month period and dispose of the divorce petition on merits in accordance with law.

Appearances:

Mr. Vikalp Sharma, Advocate, Mr. Gaganpreet Singh, Advocate and Mr. Prabsimran Singh, Advocate, for the petitioner.