Introduction The Supreme Court of India in the last year judgments gave birth to a new perspective on the proceeding in divorce cases under the Hindu Marriage Act, 1955. The issue of questioning the credibility that the cooling-off period prescribed under the Hindu Marriage Act for mutual or consent divorces is mandatory in all cases. Deciding the issue, the Supreme Court of India held that it had no discretionary power to override the explicit provision of the Hindu Marriage Act or any other statute. The court ruled that the clause of the Hindu Marriage Act allowing a cooling-off time of six months is not compulsory but just directory. Consequently, the family court in which the divorce proceedings are ongoing can, under extraordinary cases, suspend this time if other requirements are met, including the fact that the parties have been apart for longer than 18 months, that all counseling and conciliation attempts to reunite the parties have collapsed, that the parties have truly resolved their disputes, even in regard to alimony.

Legal Aspect of divorce in India
A divorce separation is among the most awful events for any couple. To add to this, it can likewise be a verbose and expensive undertaking in India if divorce is challenged. Indeed, even couples who commonly consent to the separation, in any case, must demonstrate that they have been isolated for a year. In India, Marriage is considered to be a very serious and sentimental part of life. The marriage process differs accordingly with religion. With a different process, the dissolution of marriage is different. The Hindus, Buddhists, Sikhs, and Jains are represented by the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and Christians by the Indian Divorce Act, 1869. Marriages in civil and inter-community are administered by the Special Marriage Act, 1956 for dissolution of marriage where one of the partners is registered with another nationality. The dissolution of marriage law works with certain conditions and not in all circumstances. A partner can start to give a legitimate notification for separation to the next life partner before cutting off the marriage. Divorce laws in India are categorized into consensual divorce, contested divorce, and void marriages.

What is the cooling-off period? In Section 13-B of the Hindu Marriage Act, 1955, the couples in marriage seek divorce by mutual consent through filing a petition in the court through a divorce lawyer. The Consensual Divorce states that both partners agree with peaceful separation. The dissolution of marriage through mutual consent is a straightforward method to dissolve it legally. Section 13-B(2) of the Hindu Marriage Act, 1955 states that for a statutory interregnum understanding, a cooling period of six months between the first and the last motion for divorce by consensual consent to explore the possibility of settlement and cohabitation. That statutory period is termed as the cooling period. Stages of consensual divorce The procedure of consensual dissolution of marriage in India can be initiated by a petition filed by the partners before the court under Section 13 B of the Hindu Marriage Act which ought to contain all the conflicts to fulfill the court with respect to the aspect of mutual or consensual divorce of the partners in regards to the dissolution of marriage. The petition for consensual divorce is to be acknowledged and filed by both the partners mutually before the honorable court. 1. The stages are engaged with the recording of the procedure of consensual divorce in India. The first stage for dissolution of marriage, through a consensual divorce, in India is the filing of the petition by both partners jointly containing the obligatory substance identifying to grant the divorce alongside an affidavit by each partner as endorsed by law. 2. The second stage for the procedure of consensual divorce in India commands the presence of both the partners before the family Court subsequent to recording the joint petition for consensual divorce alongside their counsels. The date is fixed by the Court, for the cooling period notification inside a couple of days after the filing of the petition for consensual divorce endorsed under the legislation endorsed. 3. In the subsequent stage of the procedure of consensual divorce in India, the Court investigates the petition and the archives as documented by the partners. After fulfillment the court orders for the recording of the statement of the partners before the court on the pledge. Some of the time the court additionally endeavors compromise between the partners as the last possibility and in case of the disappointment of the compromise procedures, the matter is continued by the court. 4. In the following stage of the procedure of consensual divorce in India, after recording the statement of the partners, the court passes the order on the first motion. When the First Motion of Separation is acknowledged by the court, the partners are required to record the second motion after the cooling period of six months and inside the endorsed time of 18 months from the date of introducing the appeal for first motion. After the passage of the statutory time of 6 months and the inside time of 18 months, the partners again file the subsequent motion following a similar procedure and show up before the court for the statement. 5. The subsequent motion is taken up by the Court and the statements of the partners are recorded. After recording, the court, based on the statements of the partners and based on the factual scenario of the case, passes the orders and breaks down the marriage of the partners according to their petition, and a declaration of divorce between the partners is ordered to be prepared. 6. In the final stage, the Court concedes the decree of dissolution of marriage, and the marriage between the partners is dissolved by the decree from the court