Mutual Divorce – Factors to be Considered for Waiving the Statutory Waiting Period

For exercise of the discretion to waive the statutory waiting period of six months for moving the motion for divorce under Section 13-B(2) of the Hindu Marriage Act, the Court would consider the following amongst other factors:

• The length of time for which the parties had been married;
• How long the parties had stayed together as husband and wife;
• The length of time the parties had been staying apart;
• The length of time for which the litigation had been pending;
• Whether there were any other proceedings between the parties;
• Whether there was any possibility of reconciliation;
• Whether there were any children born out of the wedlock;

Whether the parties had freely, of their own accord, without any coercion or pressure, arrived at a genuine settlement which took care of alimony, if any, maintenance and custody of children, etc. Amit Kumar v. Suman Beniwal, 2022 (152) ALR 692.