Gujarat High Court: 6-Month Cooling-Off Period Not Mandatory for Mutual Consent Divorce
Ahmedabad
N
News1806-01-2026, 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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