The Bombay High Court dissolved the marriage of a Pune-based couple while waiving the mandatory six-month cooling-off period. The single judge bench of Gauri Godse mentioned that there is a need for courts to adopt a realistic approach at a time when there is a change in social conditions and society is evolving rapidly. The court noted that the judicial system should adopt a realistic approach and exercise the discretion to waive the waiting period when it is s satisfied that the parties have taken a conscious decision to separate, with no possibility of reconciliation.
The couple had approached the High Court after their plea to waive the cooling off period of six months was turned down by the family court. The couple has sought divorce by mutual consent maintaining that their union is untenable as they are unable to live together. The 28-year-old man and 29-year-old woman had been married for one year only. They were married on 18th July 2021 and started residing separately from 10th October 2022, after developing irreconcilable differences which were not compatible with marital life together. The couple filed for dissolution of marriage by mutual consent in the family court on 13th March 2024. The family court rejected their application to waive the cooling off period of six months mandated by the law on 4th June 2024.
The High Court noted that the couple is being forced to continued mental agony for further six-months as they have already concluded that their living together as husband and wife is not possible and they have agreed to mutually divorce. “Normally, we come across cases where parties continue to fight, though there is no possibility of reconciliation. In such cases, the parties are encouraged to explore the possibility of an amicable settlement and are even referred for mediation so that they can put an end to the litigation. However, when the parties apply for divorce by mutual consent, they have taken a conscious decision to separate and thus have shown a reasonable approach. Such a decision shows that they have decided to move ahead, and thus, there is every chance of rehabilitation,” Justice Godse said in her order.
In the interaction with the bench, upon specific query, the estranged couple reiterated that they are unable to sort out their differences and have made a conscious decision to separate. ” Hence, it is the duty of the Court to assist the parties by exercising the discretion to waive the cooling off period and free them from the stress of their application for divorce remaining pending,” the court remarked.
Also Read: Emirates, Lufthansa Get Rs.10,000-Crore Tax Notice From DGGI
