Delhi High Court Allows Divorce by Mutual Consent Without One-Year Separation Requirement

New Delhi: In a landmark ruling, the Delhi High Court has clarified that couples seeking divorce by mutual consent may not be required to fulfill the one-year separation condition under certain circumstances.

Mutual Consent Can Override Legal Separation Requirement

A full bench comprising Justice Naveen Chawla, Nup J Bhambhani, and Renu Bhatnagar observed that courts have the discretion to waive the mandatory separation period if both spouses agree to end their marriage amicably. The court emphasized that the cooling-off period of six months, prescribed under law, is not intended to obstruct couples from exercising their choice to dissolve the marriage.

The bench stated, “Marriage is indeed a sacred institution, but when both husband and wife mutually decide to end the relationship, the law should not interfere with their freedom of choice.”

Focus on Protecting Individual Autonomy

The judges highlighted that imposing unnecessary delays in mutual-consent divorces could trap unwilling spouses in unhappy marriages, preventing them from building meaningful relationships in the future. The court stressed that legal intervention should not convert the institution of marriage into a burden or a ‘quagmire’ for those seeking separation.

Clarifying Legal Provisions Under Hindu Marriage Act

Responding to various references and past conflicting judgments, the bench clarified the legal position under Section 13B(2) of the Hindu Marriage Act. The ruling confirmed that couples can file for divorce without completing the one-year separation period, and the subsequent six-month cooling-off period can also be waived at the court’s discretion, provided there is genuine mutual consent.

Implications for Future Cases

The Delhi High Court’s decision is expected to expedite divorce proceedings for couples seeking amicable separation, allowing them to rebuild their lives and pursue social and marital opportunities without prolonged legal obstacles.

The bench concluded: “Once husband and wife mutually decide to end their marriage, the law should respect their autonomy and not interfere in their decision.”