13 September 2017

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Historical Supreme Court says Six-month cooling-off period for divorce is not compulsory

Historical Supreme Court says Six-month cooling-off period for divorce is not compulsory

The 1955 Hindu Marriage Act provides for a statutory cooling period of six months between the first and the last motion for seeking divorce by mutual consent

The Supreme Court Bench was dealing with a plea filed by an estranged couple which had sought waiver of the six-month period because they have been living separately for the past eight years and there was no possibility of their re-union.

The Supreme Court on Tuesday held that the minimum cooling period of six months for granting the decree of divorce under the Hindu law can be waived by a trial court if there was no possibility of cohabitation between an estranged couple.

a Bench comprising Justices A.K. Goel and U.U. Lalit said that We are of the view that the period mentioned in Section 13B (2) is not mandatory but directory; it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation,”

The Supreme Court said that trial courts can relax the minimum period of six months in certain cases the estranged couple, who are seeking divorce with mutual consent, can file waiver application after a week of filing the first motion if parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties, and the waiting period will only prolong their agony.”

The SC court also said that in conducting such proceedings, the trial court “can also use the medium of video conferencing and permit genuine representation of the parties through close relations, such as parents or siblings, where the parties are unable to appear in person for any just and valid reason as may satisfy the court, to advance the interest of justice.”

Currently in India one has to file a divorce case in court after that couple has to wait for sex months only after that couple gets divorce.

Reality views by sm –
India needs an Indian Contract Marriage Act which will in advance fix everything and couple will be able to get divorce with in few hours.

To get a divorce many times couple accuses each other and many times they do it just to get a divorce.

Sometime when couple does not a get a divorce it may happens that one party murders other to live happily but if they meet an intelligent police officer then the party who murdered other ends up in jail.

Its historic and good judgement by Supreme Court of India which will save the time of many educated couples who want to get separate without accusing each other.

Wednesday, September 13, 2017

Tags – Hindu Marriage Act 1955 Divorce Law Six Month Cooling Period