Gujarat High Court: 6-Month Cooling-Off Period Not Mandatory for Mutual Consent Divorce

Ahmedabad
N
News18•06-01-2026, 12:25
Gujarat High Court: 6-Month Cooling-Off Period Not Mandatory for Mutual Consent Divorce
- •Gujarat High Court ruled the 6-month cooling-off period for divorce by mutual consent under Section 13B of the Hindu Marriage Act is not mandatory.
- •Justices Sangeeta K. Vishen and Nisha M. Thakore quashed a family court order that rejected a divorce petition solely on this ground.
- •The court stated that if couples have lived separately for over a year with no reconciliation possibility and mutually agree to separate, waiting causes mental distress.
- •The ruling emphasizes a humane approach, supporting young couples who wish to move on peacefully with their lives and careers.
- •This decision aims to prevent unnecessary suffering and reflects a shift towards understanding human emotions in legal processes.
Why It Matters: Gujarat High Court makes 6-month cooling-off period optional for mutual consent divorce, prioritizing humane justice.
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