Mutual Consent Divorce through Supreme Court Mediation: Waiving the 6-Month Cooling-Off Period under Article 142
By Legal Light Consulting – LLC Lawyer Educational article only. Not a substitute for professional legal advice.
In matrimonial litigation, transfer petitions are often the most bitterly contested battles. However, in an increasing number of cases, these very transfer petitions are becoming the gateway to an amicable and speedy divorce – thanks to the Supreme Court Mediation Centre and the extraordinary powers of the Court under Article 142 of the Constitution of India.
This article explains how a bitterly contested transfer petition can transform into a mutual consent divorce decree on the same day, completely bypassing the mandatory 6-month waiting period prescribed under Section 13-B(2) of the Hindu Marriage Act, 1955.
The Usual Legal Position under Hindu Marriage Act
Under Section 13-B of the Hindu Marriage Act, 1955:
- The first motion (joint petition) for divorce by mutual consent can be filed only after 1 year of separation.
- A second motion has to be filed not earlier than 6 months and not later than 18 months from the date of the first motion.
- Only after the second motion is allowed can the court pass a decree of divorce.
This 6-month “cooling-off” period is mandatory in normal circumstances, and even High Courts cannot waive it.
The Game-Changer: Article 142 of the Constitution
The Supreme Court alone enjoys plenary powers under Article 142 to do “complete justice”. In a series of landmark judgments such as:
- Amardeep Singh v. Harveen Kaur (2017)
- Akhilesh Goel v. State (NCT of Delhi) (2022)
- Shilpa Shailesh v. Varun Sreenivasan (2023)
…the Court has repeatedly held that when the marriage is irretrievably broken down and the parties have arrived at a fair, voluntary, and mediated settlement, the statutory 6-month period can be completely waived.
How Transfer Petitions Become the Perfect Platform for Instant Mutual Consent Divorce
In hundreds of cases every year, one spouse (usually the wife) files a Transfer Petition before the Supreme Court seeking transfer of the divorce case from the husband’s city to her city.
The moment the transfer petition is listed, the Supreme Court routinely refers the matter to the Supreme Court Mediation Centre – one of the most effective mediation forums in the country.
When mediation succeeds, the typical sequence is:
- Parties arrive at a comprehensive settlement (permanent alimony/stridhan/maintenance/ child custody, if any).
- Both parties jointly pray that instead of deciding the transfer petition, the Court may dissolve the marriage by mutual consent using powers under Article 142.
- The Court records satisfaction that:
- The settlement is voluntary and fair
- There is no possibility of reconciliation
- The marriage has broken down irretrievably
- The Court waives the 6-month cooling-off period and passes a decree of divorce on the very same day.
- All pending cases between the parties (divorce, maintenance, 498A, DV, custody, etc.) are disposed of or withdrawn as per the settlement.
- The transfer petition itself is disposed of as infructuous (no longer required).
Real-Life Outcome (as seen in numerous 2023–2025 orders)
A typical operative portion of such Supreme Court orders now reads:
“During the pendency of the transfer petitions, the parties were referred to the Supreme Court Mediation Centre. The parties have arrived at an amicable settlement.
In terms of the settlement, the parties have agreed to dissolve their marriage by a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955.
Having regard to the settlement and the fact that the marriage has irretrievably broken down, we invoke our powers under Article 142 of the Constitution of India and waive the statutory period of six months stipulated under Section 13-B(2).
Accordingly, the marriage between the parties is dissolved by a decree of divorce by mutual consent with effect from today. All pending cases between the parties stand disposed of in terms of the settlement.
The transfer petitions are rendered infructuous and stand disposed of accordingly.”
Advantages of This Route
- Entire litigation ends in one single appearance before the Supreme Court
- No need to wait 6–18 months
- Clean, dignified, and final closure
- Settlement terms are protected and enforceable as a Supreme Court decree
- Huge saving of time, money, and emotional energy
Notes
What begins as a fierce courtroom battle over “which city the case should be heard in” often ends as the fastest and most dignified mutual consent divorce in the country – thanks to Supreme Court mediation and Article 142 powers.
If you and your spouse are ready to move on amicably, filing (or even facing) a transfer petition can paradoxically become the shortest and surest path to a clean divorce.
Legal Light Consulting – LLC Lawyer specialises in Supreme Court transfer petitions and mediated settlements. Many of our clients have obtained same-day mutual consent divorce decrees through this route.
For confidential guidance, contact us today. Sometimes, the end of a marriage can truly be the beginning of peace.
FAQ: Same-Day Mutual Consent Divorce through Supreme Court Transfer Petition
(Explained on the basis of latest Supreme Court practice 2023–2025) Prepared by Legal Light Consulting – LLC Lawyer Educational purpose only. Consult a lawyer for your case.
1. Can a transfer petition directly result in divorce on the same day?
Yes. In hundreds of cases every year, the Supreme Court converts a pending transfer petition into a final decree of mutual consent divorce on the very same day by using Article 142 powers.
2. How does the entire process work?
- One spouse (usually wife) files Transfer Petition under Section 25 CPC in Supreme Court.
- As soon as the case is listed, the Supreme Court almost routinely refers it to the Supreme Court Mediation Centre.
- If mediation succeeds → parties sign a settlement agreement.
- Both parties tell the Court: “We don’t want transfer anymore; please dissolve our marriage today by mutual consent.”
- Court waives the 6-month cooling-off period and passes divorce decree immediately.
3. Is the 6-month waiting period under Section 13-B(2) HMA compulsory?
Normally yes, but the Supreme Court alone can waive it completely under Article 142 when there is a genuine mediated settlement and the marriage is irretrievably broken.
4. Do we still need to file a separate Section 13-B petition in the family court?
No. The Supreme Court treats the settlement arrived in the transfer petition itself as the Section 13-B joint petition and passes the decree directly.
5. What are the usual terms settled in mediation?
- One-time permanent alimony / full & final settlement amount
- Return / waiver of stridhan & gifts
- Withdrawal or quashing of all criminal cases (498A, DV, 406, etc.)
- Child custody & visitation (if any)
- No future claims from either side
6. How long does the entire process take once mediation starts?
Most successful mediations conclude in 2 to 8 weeks. Once the settlement is signed and placed before the Bench, the divorce decree is passed on the next or same hearing date (often within days).
7. Can the husband also get the same benefit if the wife has filed the transfer petition?
Absolutely. The benefit is mutual. Many husbands actively cooperate or even request referral to mediation so that everything ends quickly.
8. What happens to other pending cases (498A, maintenance, custody, etc.)?
They are all disposed of / quashed in terms of the settlement on the same day or within a few weeks.
9. Is physical presence of both parties required in Supreme Court?
Yes, at least on the final hearing date when the decree is passed. However, earlier mediation sessions can be attended online.
10. Can this be done if the original divorce case is pending in a family court or High Court?
Yes. The Supreme Court’s Article 142 decree overrides everything. The lower court case automatically becomes infructuous.
11. What if mediation fails?
The Supreme Court will simply decide the original transfer petition (whether to transfer the case or not). No divorce decree will be passed.
12. Is this route available only for non-Hindus also?
Yes. The same principle applies to Christians (under Indian Divorce Act), Parsis, and inter-faith couples (Special Marriage Act) because Article 142 is constitutional power.
13. How much does it cost?
Supreme Court filing fee is nominal (₹250–₹500). Major cost is lawyer fees + mediation expenses (usually ₹30,000–₹75,000 total). Much cheaper and faster than regular litigation.
14. Can we do this without filing a transfer petition at all?
Possible but rare. The Supreme Court prefers that at least one case (usually transfer petition) is pending before it to invoke Article 142 for instant divorce.
If you and your spouse have decided to separate amicably and want a clean, dignified, same-day divorce decree from the Supreme Court, contact Legal Light Consulting – LLC Lawyer today.
Hundreds of our clients have walked out of the Supreme Court as divorced and free individuals on the very same day.
Let your transfer petition become the last chapter of conflict and the first page of peace.
