Divorce by mutual consent -when six months period can be waived
We have carefully considered the submissions made on behalf of the parties and have also considered our decision in Anil Kumar Jain's case (supra). It is no doubt true that the Legislature had in its wisdom stipulated a cooling period of six months from the date of filing of a petition for mutual divorce till such divorce is actually granted, with the intention that it would save the institution of marriage. It is also true that the intention of the Legislature cannot be faulted with, but there may be occasions when in order to do complete justice to the parties it becomes necessary for this Court to invoke its powers under Article 142 in an irreconcilable situation. In fact, in the case of Kiran vs. Sharad Dutt [(2000) 10 SCC 243], which was considered in Anil Kumar Jain's case, after living separately for many years and 11 years after initiating proceedings under Section 13 of the Hindu Marriage Act, the parties filed a joint application before this Court for leave to amend the divorce petition and to convert the same into a proceeding under Section 13-B of the Act. Treating the petition as one under Section 13-B of the aforesaid Act, this Court by invoking its powers under Article 142 of the Constitution, granted a decree of mutual divorce at the stage of the SLP itself. In different cases in different situations, this Court had invoked its powers under Article 142 of the Constitution in order to do complete justice between the parties
https://www.lawweb.in/2013/09/divorce-by-mutual-consent-when-six.html
