Six-month cooling period for granting divorce waived

The Supreme Court’s path breaking judgment that the mandatory six-month cooling-off period can be waived for couples who approach the court for divorce on mutual consent has taken roots at the Madras High Court.

Justice MS Ramesh on taking a cue from the Supreme Court judgment, directed the Principal family court, Chennai, to take up a petition filed under Section 13 (B) of Hindu Marriage Act, 1955, on file and pass appropriate orders on the same day by recording the memo of compromise and waive the statutory period of six months under Section 13 B (2). 

Noting that as observed by the Supreme Court, the statutory period of six months will only prolong the agony between the parties and it would be appropriate to resolve their dispute as expeditiously as possible, Justice Ramesh in his order said, “Since the parties have amicably settled and agreed to resolve the disputes between themselves, it would not be appropriate to make them undergo six months judicial separation period in the proceedings for divorce by mutual consent.” Interestingly, the mutual consent had come about after the man agreed to part with Rs 7 lakh and handed over a demand draft for the same to his wife, subject to all the proceedings against him being withdrawn. Accordingly, the court also directed the withdrawal of a case filed under the Domestic Violence Act pending before IX Metropolitan Magistrate, Saidapet and another one pending before the Principal Family Court, Chennai, for restitution of conjugal rights. 

Similarly, another criminal complaint filed by the woman’s father against the man was also ordered to be withdrawn. The Supreme Court in its order had allowed the waiver of the statutory period if all efforts of mediation/ conciliation including efforts as per the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts. It also held that if the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties, the waiting period will only prolong their agony.