A single judge of Madras High Court held that Family Courts do have power to waive the cooling of period in a divorce by mutual consent under Indian Divorce Act.

From Paras 8-10,

8.The only point that arises for consideration is whether the mandatory waiting period of one year from the date of separation has to be compulsorily
sat through by the parties, who have already decided to part ways, by filing a mutual consent divorce petition. The Division Bench of the Kerala High Court in Anup Disalva’s case, took note of an earlier decision of the Division Bench of the Kerala High Court in Saumya Ann Thomas vs Union of India reported in 2010 SCC Online Kerala 5197 and held that the stipulation of a period of two years being a minimum mandatory period under Section 10A is arbitrary and oppressive and that the said two year period has to be read as one year, taking into account the one year period stipulated in similar legislations namely the Special Marriage Act ( Section 28(1) ) Hindu Marriage Act ( Section 13B(1)) and Parsi Marriage Act (Section 32B(1)).
9.The Honourable Division Bench further took note of the fact that an application for divorce by mutual consent presented by both the husband and
wife reflects the will of the parties to separate and get rid of the marriage. The Honourable Division Bench taking note of the entitlement of a spouse to file a petition for divorce under Section 10 on other available grounds, without any waiting period and the entitlement and power of the Court to grant a divorce, even before the period of one year, subject to being satisfied with the ground seeking divorce being made out, held that, while that is the position even for a contested proceeding before the Court, there can be no spokes put, impeding the parties from seeking divorce by mutual consent. The Honourable Division Bench, in fact, declared the stipulation of one year period or more, for the purposes of filing a divorce by mutual consent under Section 10A, as violative of fundamental rights and declared it to be unconstitutional.
10.Though said judgment of the Kerala High Court may not have a binding precedentiary value before this Court, the judgment will definitely have persuasive value, for this Court to take note of the ratio laid down by the Honourable Division Bench.
11.Even otherwise, the Honourable Supreme Court, in Shilpa Sailesh’s case, has clarified the ratio laid down in Amardeep Singh v. Harveen Kaur,
reported in 2017 (8) SCC 746, and held that the Courts can always waive the cooling period of six months under the Hindu Marriage Act to enable the parties to obtain a divorce by mutual consent, earlier.
12.However, the Family Court has relied on Amardeep Singh’s case, to hold that the one year separation period is mandatory under section 13B(1) of
the Hindu Marriage Act and therefore similarly even under the Divorce Act the cooling period cannot be condoned or waived.

From Paras 16-18,

16.Even though there is no decision of this Court toeing the same lines of the Kerala High Court, striking down the provisions of Section 10A regarding the mandatory waiting period, considering the import of the decision of the Hon’ble Supreme Court in Shilpa Sailesh’s case as well as the Hon’ble Division Bench in the Kerala High Court, the Family Court is certainly entitled to waive the mandatory waiting period and cannot compel the parties to sit through the same before presenting a petition for divorce in the form of mutual consent, under Section 10A of the Divorce Act.
17.Independently, I also find that both the petitioners have filed separate affidavits even in this revision, affirming their decision to go separate ways. The interest of any children is also not involved in the present case, since the parties were not blessed with any issues and both the petitioners have categorically asserted that the relationship has become irreconcilable and distressing. In such circumstances, compelling the petitioners to wait for the mandatory period to expire would only further increase their agony. The petitioners have also stated that their decision is voluntary and only based on their free will and there is no fraud, collusion or undue influence brought upon them to file the mutual consent divorce petition.
18.In the light of the above, I am inclined to set aside the docket order of the Family Court, Coimbatore, and I direct the Family Court, Coimbatore, to
number DOP CFR.No.3726 of 2025, if it is otherwise in order. The Family Court, Coimbatore, shall not return / reject the petition on the ground that the parties have to wait for the mandatory period of one year from separation to pass off, before they are entitled to file an application for divorce by mutual consent.

Index of Divorce judgments is here.