There are a number of judgements which hold that the cooling period of one year for presentation of a mutual consent divorce can be waived by the Courts. In Manish Sirohi Vs. Smt. Meenakshi, 2007 SCC OnLine All 513 it was held as follows:
“4. We have gone through the provision contained under the proviso to Section 14 of the Act and we find that the High Court can allow to present the petition before lapse of one year from the date of marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent. It appears to us that when immediately after marriage no marital relationship developed amongst themselves and they are voluntarily Inclined to withdraw relationship, their life should not be allowed to be deserted. When differences have occurred which cannot be compromised if at this stage they are separated, they can be able to enjoy their happy marital life elsewhere. Continuance of the litigation will cause mental and physical harassment to them unnecessarily when both of them are not inclined to continue with the relationship at all. Both the parties have withdrawn their allegations and counter allegations against each other.”
A similar view is taken in Angad Soni vs Arpita Yadav (Allahabad High Court) (2025:AHC-LKO:32543-DB) where it was held as follows:
(i) The proviso to Section 14 (1) of the Hindu Marriage Act, 1955 is an exception to the necessity for expiration of a period of one year since the date of marriage to enable a party to file a petition for divorce. Once an application under Section 14 (1) of the Act, 1955 is filed before the court, certainly the court has to see whether there is exceptional hardship to the petitioner or exceptional depravity on the part of the respondent.
(ii) In the present case, it is borne out of the record that criminal cases have been filed by the respondent and there is no chance that marriage will subsist. Therefore, the proviso to Section 14(1) of the Act, 1955 is to be invoked, so that the parties may get divorce and lead their peaceful life. Both the parties have mutually filed the divorce petition along with an application under Section 14(1) of the Act, 1955, therefore, the said application is ought to be allowed.
(iii) When both the parties are voluntarily inclined to withdraw relationship and do not want to continue with the relationship at all and they also want to enjoy their life by parting their ways, therefore, the application filed under Section 14(1) of the Act, 1955 read with Section 151 of Code of Civil Procedure should be allowed treating the case is one of exceptional hardship to the appellant or of exceptional depravity on the part of the respondent as continuance of the litigation will cause mental and physical harassment to them unnecessarily.