Daijiworld Media Network - New Delhi (SP)
New Delhi, Sep 14: In a big reprieve to couples who have approached courts for divorce, and who have no hopes of reconciling with their life partners, the Supreme Court (SC), in a path-breaking verdict delivered on Tuesday September 13, said that the courts can, depending upon individual circumstances, waive the cooling off period of six months after the couple file for divorce with mutual consent.
The judgement was delivered by a two-judge bench of the SC comprising Justice Uday U Lalit and Justice Adarsh K Goel. The judges stated that when the husband and wife mutually agree to part ways and volunteer to forgo the waiting period, they need not wait for six months before their divorce is sanctioned. As per section 13 (1) and 13 (b) of Hindu Marriage Act, a couple need to live separately for at least a year before they can apply for divorce, and that courts have to give six months waiting period in an effort to cement the relationship again, before sanctioning of the divorce. The SC has in affect, removed both these provisions.
However, the SC has stipulated that this waiver is applicable only in case of mutual divorce applications, and under situations in which the couple find it impossible to live together. It observed that the six-month waiting period was stipulated to make sure that no hasty decisions are taken to break the relationship, and to give the couple an opportunity to understand each other and agree to come together again.
The SC said in its judgement that although the stipulation about cooling off period is for the good of the couple, in cases where both of them realize that it has become impossible to live together, it observed that there is no meaning in courts forcing them to live together for six months. Therefore, it said it has decided to remove the cooling off period condition.
The SC however cautioned subordinate courts that divorce should not be granted immediately just because there is a provision to waive waiting period. Discussions between husbands and wives should be held, and a final decision should be taken after understanding individual circumstances, it stated.