Six-Month Cooling-Off Period Before Divorce Not Mandatory: Gujarat HC
Gujarat High Court observed that the couple had been living separately for over a year and there is no chance for reconciliation.
Published : January 6, 2026 at 5:41 PM IST
Ahmedabad: The Gujarat High Court stated that the six-month cooling-off period is not mandatory for couples seeking divorce by mutual consent.
It quashed a Family Court order that rejected the divorce petition on the ground that the cooling-off period was not followed, clarifying that if there is no possibility of reconciliation between the couple, the waiting period can be waived off.
The court said that making couples seeking divorce by mutual consent wait for a long period is not in the interest of justice. It observed that where the marital relationship has completely broken down, and there is no possibility of reconciliation, making a couple wait merely for the sake of the process is not right. The purpose of law is not to subject the couple to mental stress, but to deliver justice, it added.
The case involves a couple who got married in 2023. Shortly after the marriage, differences arose between them, and they filed for divorce by mutual consent. However, the Family Court rejected their petition, citing the cooling-off period mandated by law.
The couple then approached the Gujarat High Court, challenging the Family Court's decision. After hearing the case, the High Court quashed the Family Court's order.
Lawyer of the petitioner's wife, Pooja Baswal, said the Family Court had rejected the petition for divorce by mutual consent on the ground that the six-month cooling-off period had not been observed. "We filed a petition in the High Court against this order. The High Court noted that the husband and wife have been living separately for a year, both are young, and there is no possibility of settling down together in the future. The wife is also receiving maintenance, and they have no children. In such a situation, if their divorce is not granted and their divorce petition is rejected due to technical formalities, it would be an injustice. The High Court has noted that the cooling-off period is not mandatory and ordered the Family Court to reconsider the case. It has asked the Family Court to deliver a fresh judgment with clear instructions to consider the possibility of waiving the cooling-off period," Baswal said.
Lawyers said that the judgment will have far-reaching implications and serve as a guiding principle for couples seeking divorce by mutual consent. It will encourage Family Courts to adopt a more practical and humane approach, helping to reduce unnecessary legal delays.
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