SC waives off mandatory 6 months separation period in some divorce cases under Hindu Marriage Act

The Supreme Court on Tuesday said that the mandatory six months separation period in cases of divorce under Section 13B(2) of the Hindu Marriage Act, 1955 can be waived off, under certain circumstances. 

Haring a plea regarding the divorce procedures under the act wherein both parties have mutually agreed to divorce, the court said the 6 months minimum time is not mandatory. 

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According to the latest judgment uploaded on SC website, the statuary period can be waived off in following circumstances: 

i) the statutory period of six months specified in section 13B(2), in addition to the statutory period of one year under Section 13B (1) of separation of parties is already over before the first motion itself; 

ii) all efforts for mediation/conciliation  efforts  to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts; 

iii) the parties have genuinely settled their differences including alimony, custody of the child or any other pending issues between the parties; 

iv) the waiting period will only prolong their agony.

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