Six months cooling period in divorce cases can be waived off

Six months cooling period in divorce cases can be waived off”

The Supreme Court on Tuesday ruled that the "six-months cooling off period" in divorce cases can be waived off and Hindu married couples can straightaway get separation order with mutual consent.

The judgment was delivered by a Bench of Justices AK Goel and UU Lalit in an appeal against a judgment of the Delhi High Court. The current verdict has come in response to a Delhi couple's petition, who insisted for the six-month waiting period to be waived off, because they had been living separately for eight years and were confident that they would not reconcile. The stipulated period of 6 to 18 months was given so as to give the couple an opportunity to reconsider. The court observed that the objective of introducing the provision of the cooling off period could not have been to extend couples' agony.

The SC however cautioned subordinate courts that divorce should not be granted immediately just because there is a provision to waive waiting period.

It noted that cooling off period was a safeguard against "hurried decision", especially in cases where there was a possibility of a reunion between the two partners.

The object of the cooling period was not to "perpetuate a purposeless marriage or to prolong the agony of the parties" when there was no chance of reconciliation, it added.

The Court then proceeded to consider whether the cooling-off period is mandatory or directory.

A bench of Justices A K Goel and U U Lalit viewed that the goal of a cooling off period is to safeguard against a couple taking a hurried decision to separate and allow them to try to work out their differences, but this could not be made mandatory. "Once the parties decide to end the marriage, even one month is too long", said Dr Laxmi Rao, former principal judge of Mumbai's Family Court. "The true meaning of Section 13B of the Hindu Marriage Act has finally been understood by the Supreme Court".

Going into details, the 1995 Hindu Marriage Act provides for a statutory cooling period of six months between the first motion and the last motion for seeking divorce by mutual consent to explore the possibility of settlement and cohabitation. Discussions between husbands and wives should be held, and a final decision should be taken after understanding individual circumstances, it stated.

"In determining the question whether the provision is mandatory or directory, language alone is not always decisive".

Like this


13 September 2017
Casino "SL Casino Riga" of Storm International chain to open in Riga
Guests could relax playing the most popular slots, roulette and video poker, as well as enjoy original entertaining show programs. The interiors are made in soft colors and the muffled lighting is done to create an atmosphere of luxury and relaxation.

13 September 2017
Court blocks redrawing Texas maps
You can read a summary of the many twists and turns in this case, as well as the legal issues before the Supreme Court, here. The state has been in the midst of an extraordinary losing streak in federal courts over the way it conducts elections.

13 September 2017
Hurricane Katia forms in Gulf off Mexico's coast
Hurricane Jose is forecast to turn north and move across the southern Atlantic and not affect the US. The storm is expected to make landfall in Mexico's southeast coast late Friday or early Saturday.

13 September 2017
Irma to regain strength after downgraded to Category 3
Conditions improve on Tuesday and Wednesday when the rain chances ease back to 20 and 30 percent and the winds subside even more. Florida police have warned people not to fire guns at Hurricane Irma after a joke on Facebook spiralled out of control.

13 September 2017
UN Security Council Unanimously Adopts Tough New North Korea Sanctions
On Monday the United States will attempt to reign Kim in, calling for the toughest sanctions ever at the UN. Past year it detonated a nuclear bomb sending shockwaves through the global community.

13 September 2017
Health Insurance Innovations, Inc. (HIIQ) Earns Buy Rating from Cantor Fitzgerald
It represents a security's price that, if achieved, results in a trader recognizing the best possible outcome for his investment. Maximum and minimum EPS estimate for the current quarter is projected at $0.41 and $0.29, respectively, according to 7 analysts.

13 September 2017
Vaccini: cosa accade in Veneto dopo la sospensione della moratoria
Anche perché, la stessa Fedeli aveva minacciato ricorsi nel caso si fosse deciso per una proroga da parte della Regione Veneto . Ha ragione Zaia quando dice che in Veneto non ci sono pericoli imminenti, ma l'Italia è grande e molto lunga.

13 September 2017
Tencor Corporation (KLAC) Receives Average Recommendation of "Hold" from Brokerages
The stock of Mondelez International Inc (NASDAQ:MDLZ) earned "Overweight" rating by PiperJaffray on Tuesday, July 25. Investors will be getting a good grip in comparing the current earnings of the company to estimated future earnings.

13 September 2017
Family wealth advisers get richer - right along with their clients
Hedge fund allocations have fallen to an average of 7.1 per cent in 2017 from 8 per cent in 2016, despite improved performance. The UBS/Campden report is based on a survey of 262 families between February and May with an average wealth of US$921 million.

13 September 2017
Qualcomm claims Android always beats the iPhone to new features
Though Qualcomm's post doesn't mention Apple by name, the company suggests it can take credit for some the features in the iPhone. The Note 8 is a stunning phone and Note lovers are sure to appreciate the S Pen functionality, dual camera performance, and more.