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Door 8 of 14

Mutual consent and settlement

“The marriage is dead. Let me go.”

Can the six month waiting period in a mutual consent divorce be waived?

In short. Divorce by mutual consent exists, with an equivalent under other personal laws. The six month waiting period can be waived. Criminal cases from the marriage can be quashed on a genuine settlement. Where a marriage has completely broken down, the Supreme Court can grant divorce directly.

General information, not advice on your case. Please speak to your own lawyer, or to your District Legal Services Authority, about your case.

Last updated 17 October 2026.

The door, step by step

  1. Divorce by mutual consent exists, with an equivalent under other personal laws.Section 13B Hindu Marriage Act: divorce by mutual consent
  2. The six month waiting period can be waived.
  3. Criminal cases from the marriage can be quashed on a genuine settlement. Where a marriage has completely broken down, the Supreme Court can grant divorce directly.Article 142: the Supreme Court's power to do complete justice
What backs it up. The Supreme Court has said the waiting period can be waived, and can end a broken marriage directly under Article 142.Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746. Gian Singh v. State of Punjab (2012) 10 SCC 303. Shilpa Sailesh v. Varun Sreenivasan, 1 May 2023. Read the source
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