https://www.taxtmi.com/caselaws?id=456412 The six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act for the second motion in mutual-consent divorce proceedings is directory, not mandatory. Read in context, the provision is meant to encourage reflection and possible reconciliation, not to prolong a marriage that has effectively ended. The court may waive the waiting period where the parties have lived separately for a substantial time, all efforts at mediation and conciliation have failed, the settlement is genuine and complete, and further delay would only increase hardship. In such circumstances, the procedural requirement may yield to the legislative purpose already achieved. en-us Tue, 12 Sep 2017 00:00:00 +0530 Tue, 23 Jul 2024 20:10:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456412 The six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act for the second motion in mutual-consent divorce proceedings is directory, not mandatory. Read in context, the provision is meant to encourage reflection and possible reconciliation, not to prolong a marriage that has effectively ended. The court may waive the waiting period where the parties have lived separately for a substantial time, all efforts at mediation and conciliation have failed, the settlement is genuine and complete, and further delay would only increase hardship. In such circumstances, the procedural requirement may yield to the legislative purpose already achieved. Case-Laws Indian Laws Tue, 12 Sep 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456412