Courts empowered to waive statutory periods in exceptional cases, grant immediate divorce: Delhi HC

December 17, 2025

New Delhi: The Delhi High Court on Wednesday said that in mutual consent divorce cases, courts are not bound to mechanically halt proceedings solely on the basis of statutory time limits.

In appropriate cases, courts can waive both the mandatory one-year separation period and the six-month “cooling-off” period under the Hindu Marriage Act (HMA), 1955. The judgment was delivered by a full bench comprising Justices Navin Chawla, Anup Jairam Bhambhani, and Renu Bhatnagar.

Legal position clarified on Section 13B time limits

The bench, headed by Justice Navin Chawla, clarified the legal position regarding the time limits for mutual consent divorce under Section 13B. The reference arose due to differing opinions on whether spouses can file a mutual consent divorce petition without completing the one-year separation period and whether the subsequent six-month waiting period can also be waived.

One-year period can be waived

The Delhi High Court held that the one-year separation period stipulated under Section 13B(1) can be waived in cases of “exceptional hardship” or “exceptional depravity” by applying the proviso to Section 14(1).

The court stated,
“The statutory period of one year before filing the first application under Section 13B(1) can be waived by applying the proviso to Section 14(1).”

Six-month cooling-off period can also be waived separately

The bench further clarified that the waiver of the one-year period does not automatically imply that the six-month cooling-off period will apply. Both periods must be considered independently.

“The one-year period under Section 13B(1) and the six-month period under Section 13B(2) are to be considered for waiver independently,” the court said. Forcing parties to remain in a dead marriage is unjust

The court rejected the argument that a divorce decree should necessarily be deferred until the completion of a one-year period.

The High Court stated that if the court is satisfied that the circumstances are exceptional and the consent is genuine, there is no justification for withholding the divorce decree.

The judgment stated,
“When the husband and wife mutually agree to terminate their marital relationship, the law should not interfere with their decisional autonomy.”

Commentary on Article 21 rights

The court also observed that forcing parties to remain in a dead marriage could violate the rights to dignity, privacy, and personal autonomy guaranteed under Article 21 of the Constitution.

Previous judgments overturned, but a caveat issued

The full bench also overturned previous judgments of single benches of the Delhi High Court that had refused to apply the proviso to Section 14(1), considering Section 13B to be a “complete code.”

However, the court also cautioned that the waiver of the time limit will not be granted ‘merely on request.’ Courts must ensure that the consent is free and informed, without any coercion, and that truly exceptional circumstances exist.

Divorce decree possible with immediate effect

In its conclusion, the Delhi High Court held that courts have the power to waive both statutory periods and grant a divorce decree with immediate effect, unless it is proven that the consent was obtained through misrepresentation or concealment of facts.