In Brief
The Supreme Court clarified that the six-month waiting period under Section 13B(2) of the Hindu Marriage Act, 1955 for mutual consent divorce is discretionary, not mandatory. In a case where spouses had lived separately for over eight years and reached a comprehensive settlement covering alimony of Rs 2.75 crores and child custody, the Court held that discretionary waiver is permissible where reconciliation is impossible and all settlement terms are agreed. The Court rejected using Article 142 to waive statutory periods but established clear criteria for courts to exercise discretion when granting waiver applications.
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