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
Conte: Chelsea changes showed trust in players
Despite Hazard's solid showing as a second half substitute, Conte admitted it might be too soon for the Belgian playmaker to start against Arsenal .

13 September 2017
Private Ocean Lowered Its Mastercard (MA) Stake; Amsurg (AMSG)'s Sentiment Is 0
Pub Employees Retirement Association Of Colorado holds 0.48% of its portfolio in Mastercard Inc (NYSE:MA) for 578,766 shares. On September 8 Barclays maintained a company rating of "Overweight" but moved up the price target from $35.00 to $148.00.

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
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
Experts Watch-list Companies: TEGNA Inc. (TGNA), Allscripts Healthcare Solutions, Inc. (MDRX)
Flinton Capital Management LLC raised its stake in shares of Allscripts Healthcare Solutions by 4.1% during the first quarter. Retirement Of Alabama owns 0.01% invested in Allscripts Healthcare Solutions Inc (NASDAQ: MDRX ) for 239,016 shares.

13 September 2017
NxStage Medical, Inc. (NXTM) President Sells $27950.00 in Stock
It turned negative, as 15 investors sold NXTM shares while 67 reduced holdings. 90 funds opened positions while 365 raised stakes. Sectoral Asset Management Inc sold 308,556 shares as the company's stock declined 27.12% while stock markets rallied.

13 September 2017
Cubs Game Notes For Wednesday vs. NY Mets
The first six games will be on the road before the team opens the home slate against Detroit on Thursday, April 5th. The last two seasons, the teams have met for one four-game series in July, with each team hosting a pair of games.

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
Osinbajo arrives Akure for National Council on Niger Delta meeting
He said the blowing up of oil pipelines was no longer fashionable as the rush for crude dwindles across the globe. We should use the resources to develop other potential of the region.

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.