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Writer's pictureLead India
Dec 3, 20224 min read

Can Couples Cancel Their Divorce During The Cooling Period?

In Indian society, divorce is a label that is neither favored nor enthusiastically accepted. Hindu mythology regards marriage as a sacred institution with enormous societal significance. However, this institution has changed along with cultural and social advancement, and it is undeniable that marriage is no longer solely "reciprocal possession" anymore. Many times, marriages fail without any fault on the part of either spouse or end in divorce as a result of outgrown love or disharmony between the pair.

In addition to the passing of at least a year from the date of marriage, formalities pertaining to the amount of maintenance/alimony, custody of the children, and the distribution of assets owned jointly by the couple must be agreed upon. When a divorce petition is filed, the divorcing spouses are given a "Cooling-Off Period" of six months to consider their options.


Cooling-off period:

Married couples who agree to divorce one another must submit a petition with the court through a divorce attorney, in accordance with Section 13-B of the Hindu Marriage Act of 1955. To be deemed a Consensual Divorce, both parties must consent to a peaceful divorce. Mutual consent is an easy legal way to end a marriage. In order to consider settlement and cohabitation options, there must be a cooling-off period of six months between the first and the last motion for divorce by consent, as per The Hindu Marriage Act of 1955, Section 13-B (2). The legal term for the duration is the "cooling period." It goes without saying that an agreed-upon divorce fee is desired. Consensual, uncontested divorces are typically the cheapest option to dissolve a marriage. However, the minor effort of cooling off time is actually the crucial latitude in a peaceful divorce.


If there is little to no conflict between the two couples, a consensual divorce offers a way to keep things that way. It is more covert, practical, and likely to keep more of your benefits in all of your personal assets instead of in the hands of attorneys and other necessary items used in the divorce of a marriage process. Consensual divorce avoids useless arguments and safeguards substantial time and financial resources. Consensual divorce is the best option given the growing number of reasons for the separation. Couples who want to end their marriage in private and with dignity have the option to do so through an uncontested divorce.


Case Laws:


The High Court of Rajasthan addressed this issue in the case of Suman v. Surendra Kumar for the purposes of the interregnum period, which is meant to provide the partner some time and space to consider their next move. During this interim period, one of the partners or both of them may change their minds about ending the marriage.


The case of Smt. Sureshta Devi v. Om Prakash is another important decision. The Supreme Court of India was asked in this case whether one of the partners has the right to cancel their assent to the petition filed under Section 13B of the Act at any time prior to the signing of a divorce decree. The Supreme Court took note of the several High Courts' differing perspectives. According to the Bombay High Court, Delhi High Court, and Madhya Pradesh High Court, the first time a petition for divorce was filed was the crucial moment for consent under Section 13B of the Act, and if consent was freely given, no party could revoke the consent.


The Kerala High Court, Punjab and Haryana High Court, and Rajasthan High Court, on the other hand, ruled that any partner has the right to withdraw the consent granted to the petition at any time before the court issues a divorce judgment. The Supreme Court adopted the opinions of the High Courts of Kerala, Punjab & Haryana, and Rajasthan on the definition of Section 13B(2) of the Act after reading Section 13B(2) of the Act and weighing the conflicting views held by the several High Courts.


In cases of divorce, it is advisable to appoint a lawyer. If the couple lives in Hyderabad then Divorce Lawyers in Hyderabad can be appointed. If the couple lives in Mumbai then Divorce Lawyers in Mumbai can be appointed. Likewise, Divorce Lawyers in Banglore can be appointed if the couple lives in Bangalore.


It has been abundantly evident as we have examined the stages of proceedings and reasons for a contested divorce that they are essentially the same for spouses who are subject to different religious traditions and their own marriage laws. However, some grounds are only covered by a few Acts and are not covered by other laws. The possibility of reconciliation must be taken into consideration by the parties in light of the protracted nature of the legal process and its procedural shortcomings. Before filing for divorce, the parties must carefully consider their personal futures as well as the futures of any children they may have. Making this decision will set off a series of unfortunate circumstances. However, if the underlying reason is extremely serious, the parties may file for divorce right away.


Lead India provides a wide range of expertise and legal services. You can ask a legal question about cooling off periods here. To get the best advice, speak with a lawyer. Our legal team understands the law and can assist you in making informed decisions. Our legal team also offers free legal advice online.


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