01/05/2023
Divorce can be granted immediately without waiting for 6 months - True, but not applicable to all cases.
Whenever there is some sensational judgement, I'm approached by litigants with a lot of misconception. This post is to clarify one such misconception.
When Hindus apply for divorce by Mutual consent, law requires them to wait for another 6 months and then come back and report if they still want to get divorced. This waiting period is called cooling period.
The Hon'ble Apex Court in a case held that this cooling period is not mandatory, but only directory and as such, the same can be waived off and divorce can be immediately granted if certain criteria is satisfied. Procedure for waiver was also prescribed. This decision was under reconsideration before the Hon'ble Constitutional Bench which reaffirmed it's earlier view.
So there is nothing new. Don't get your hopes high. Yet, you may check with your lawyer whether you qualify for the existing criteria for waiver and the procedural aspects. However, it may also be noted that in practice, in spite of the Apex Court judgements, lower Courts either dismiss or keep the waiver pending until completion of the cooling period rendering it useless or infructuous. So take an informed decision before spending money on waiver.