In a ruling that could significantly reduce the emotional and legal burden on separating couples, the Delhi High Court has clarified that spouses do not always have to wait one full year before seeking a divorce by mutual consent.
Traditionally, couples were required to show that they had been living separately for at least a year before approaching the court for a mutual divorce. The High Court has now said this waiting period is not rigid and can be relaxed in suitable cases.
The court observed that forcing couples to remain tied to a marriage that has clearly broken down serves little purpose. If both spouses are on the same page and continuing the marriage would only prolong distress, courts can step in and waive the one-year separation requirement.
However, the judges made it clear that this relaxation is not automatic. Each case will be examined on its own facts. Courts will look at whether the marriage has genuinely collapsed and whether insisting on a waiting period would cause unnecessary hardship.
The ruling also draws a distinction between different waiting periods involved in a mutual divorce. While courts may waive the one-year separation requirement, the additional cooling-off period between filing the first and final divorce request will still be assessed separately. In other words, one waiver does not guarantee another.
Importantly, the court cautioned against misuse. The relaxation is meant for exceptional situations and not as a shortcut for every case. If parties misrepresent facts or attempt to rush the process unfairly, courts are free to deny relief.
Legal experts say the judgment reflects a more practical and humane approach to marriage breakdowns. By prioritising the realities faced by couples over rigid timelines, the ruling allows for quicker closure in cases where reconciliation is clearly not possible.
For many couples stuck in unhappy marriages despite mutual agreement to part ways, this decision could mean a less painful and more dignified exit.

Delhi HC Allows Faster Mutual Consent Divorce

Court says one-year separation is not compulsory if both spouses agree to part ways

Delhi HC Allows Faster Mutual Consent Divorce

Court says one-year separation is not compulsory if both spouses agree to part ways

December 18, 2025 | 19:50 IST