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Andhra Pradesh High Court verdict exempts 6-month cooling period

Andhra Pradesh: The High Court has clarified in the case of Chenikala Harshavardhini and Chenikala Manohar vs. State that the six-month cooling period is not mandatory for couples seeking divorce by mutual consent. The couple from Ongole in Prakasam district got married last year and were separated due to differences of opinion, but the family court had said that they should wait for six months. The couple approached the High Court and sought exemption from that period. In the judgment, Justice Venkateshwarlu Nimmagadda of the High Court, referring to the judgments of the Supreme Court in the cases of Amardeep Singh, Amit Kumar and Shilpa Sailesh, said that the six-month waiting period is only a guideline and can be exempted in special circumstances. The High Court judgment made it clear that if there is no possibility of living together between the husband and wife in the future, it is unfair to prolong the period in a way that increases mental anguish. Recently, a full bench of the Delhi High Court accepted a similar exemption in the case of Shiksha Kumari vs. Santosh Kumar. These judgments further clarify the legal guidelines for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. Video Link: https://pavanlawchambers.blogspot.com/2026/06/mutual-consent-divorce-cooling-period-waiver.html

Andhra Pradesh: The High Court has clarified in the case of Chenikala Harshavardhini and Chenikala Manohar vs. State that the six-month cooling period is not mandatory for couples seeking divorce by mutual consent. The couple from Ongole in Prakasam district got married last year and were separated due to differences of opinion, but the family court had said that they should wait for six months. The couple approached the High Court and sought exemption from that period. In the judgment, Justice Venkateshwarlu Nimmagadda of the High Court, referring to the judgments of the Supreme Court in the cases of Amardeep Singh, Amit Kumar and Shilpa Sailesh, said that the six-month waiting period is only a guideline and can be exempted in special circumstances. The High Court judgment made it clear that if there is no possibility of living together between the husband and wife in the future, it is unfair to prolong the period in a way that increases mental anguish. Recently, a full bench of the Delhi High Court accepted a similar exemption in the case of Shiksha Kumari vs. Santosh Kumar. These judgments further clarify the legal guidelines for divorce by mutual consent under Section 13-B of the Hindu Marriage Act.

Video Link: https://pavanlawchambers.blogspot.com/2026/06/mutual-consent-divorce-cooling-period-waiver.html

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