The Gujarat High Court has set aside a Family Court order that rejected a couple’s plea for divorce by mutual consent, holding that the six-month “cooling-off” period under law is not a rigid requirement and can be waived where reconciliation is clearly impossible.
The Division Bench Justice Sangeeta K. Vishen and Justice Nisha M. Thakore, while hearing a first appeal, restored the divorce proceedings and directed the Family Court in Ahmedabad to reconsider the matter afresh after giving the parties an opportunity to seek waiver of the cooling-off period.
Background of the Case
The appeal arose from a Family Suit filed by a married couple whose marriage was solemnised on December 9, 2023. Within weeks, differences surfaced, and the husband and wife began living separately from January 17, 2024.
During the hearing, the couple jointly informed the court that the husband had moved to the United Kingdom for higher studies and intended to settle there, while the wife wished to continue her career in Ahmedabad. According to both sides, their personal and professional choices had made it impossible to live together as spouses.
In April 2025, the couple filed a petition under Section 13B of the Hindu Marriage Act, seeking divorce by mutual consent. They also placed on record sworn statements confirming that the decision was voluntary, without pressure or coercion, and that issues like alimony had already been settled.
However, in August 2025, the Family Court rejected the plea. It held that the six-month cooling-off period prescribed under the law was a meaningful opportunity for reconciliation and could not be bypassed, especially since no formal application seeking waiver had been filed.
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What the High Court Examined
Before the High Court, the couple argued that by the time their second motion was taken up, they had already been separated for more than a year. Their lawyers submitted that the Family Court should have either adjourned the matter or allowed them to file an application seeking waiver, instead of rejecting the case outright.
The Bench examined Section 13B of the Hindu Marriage Act, which allows divorce by mutual consent but provides for a waiting period between the first and second motions. The judges referred to settled Supreme Court law which clarifies that this waiting period is “directory” and not mandatory.
Court’s Observations
The High Court noted that both parties were young, living in different countries, and firmly decided to move on with their lives independently. There was no dispute about the duration of separation, and both had consistently expressed their intent to dissolve the marriage.
“The object of the cooling-off period is to prevent hurried decisions, not to prolong the agony of parties when there is no chance of reunion,” the Bench observed, while referring to Supreme Court precedent on the issue.
The judges also took note of the couple’s statement that they were ready to file a proper waiver application within a stipulated time and that the husband would appear personally instead of acting through a power of attorney.
Decision
Allowing the appeal, the High Court set aside the Family Court’s August 2025 order and restored the divorce petition to its original file. The Family Court has now been directed to give the couple an opportunity to apply for waiver of the cooling-off period and decide the matter in accordance with law, without being influenced by its earlier decision.
The Bench ordered that the application be decided expeditiously, preferably within six months. No costs were imposed on either side, and the appeal was disposed of accordingly.
Case Title:- Husband and Wife v. NA
Case Number: R/First Appeal No. 4404 of 2025
