Amit Kumar v. Suman Beniwal (2021)

The Supreme Court, in a judgment passed by Justices Indira Banerjee and J. K. Maheshwari on December 11, 2021, stated that it has the power to make an exception to the 6-month waiting period usually required for divorce by mutual consent under Hindu law. In the case of Amit Kumar v. Suman Beniwal, the court said that under Article 142 of the Constitution, which allows the Supreme Court to pass any order necessary to do complete justice, it can waive the 6-month "cooling off" period on a case-by-case basis. Normally, under Section 13B of the Hindu Marriage Act, 1955, when a couple files for divorce by mutual consent, they have to wait for 6 months after the initial filing before the divorce can be finalized.

This waiting period is meant to give the couple a chance to reconsider their decision. However, the Supreme Court has now clarified that it has the discretion to do away with this waiting period in appropriate cases to allow the divorce to be finalized sooner, using its special powers under Article 142 of the Constitution.