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'Hindu Marriage Act: No need to wait 6 months for divorce in some situations' - SC

Daijiworld Media Network - New Delhi (SP)

New Delhi, Sep 14: In a big reprieve to couples who have approached courts for divorce, and who have no hopes of reconciling with their life partners, the Supreme Court (SC), in a path-breaking verdict delivered on Tuesday September 13, said that the courts can, depending upon individual circumstances, waive the cooling off period of six months after the couple file for divorce with mutual consent.

The judgement was delivered by a two-judge bench of the SC comprising Justice Uday U Lalit and Justice Adarsh K Goel. The judges stated that when the husband and wife mutually agree to part ways and volunteer to forgo the waiting period, they need not wait for six months before their divorce is sanctioned. As per section 13 (1) and 13 (b) of Hindu Marriage Act, a couple need to live separately for at least a year before they can apply for divorce, and that courts have to give six months waiting period in an effort to cement the relationship again, before sanctioning of the divorce. The SC has in affect, removed both these provisions.

However, the SC has stipulated that this waiver is applicable only in case of mutual divorce applications, and under situations in which the couple find it impossible to live together. It observed that the six-month waiting period was stipulated to make sure that no hasty decisions are taken to break the relationship, and to give the couple an opportunity to understand each other and agree to come together again.

The SC said in its judgement that although the stipulation about cooling off period is for the good of the couple, in cases where both of them realize that it has become impossible to live together, it observed that there is no meaning in courts forcing them to live together for six months. Therefore, it said it has decided to remove the cooling off period condition.

The SC however cautioned subordinate courts that divorce should not be granted immediately just because there is a provision to waive waiting period. Discussions between husbands and wives should be held, and a final decision should be taken after understanding individual circumstances, it stated.

Comment on this article

  • Nazeer husain, Jeddah Saudi arabia

    Wed, Sep 13 2017

    A speed March towards mutually consented triple talaq for non Muslims.Almost judges now studied Quran n shariah and they know it's fair n just but never openly accept it due to Central regime of dictatorial approach.

    DisAgree [3] Agree [1] Reply Report Abuse

  • Clifford Fernandes, Toronto

    Wed, Sep 13 2017

    See the write up in connection with why Modi is silent with 2.3 million abandoned wives in India, published in a newspaper outside India on April 18, 2017.

    "Indian Prime Minister Narendra Modi has abandoned his wife for last 43 years. That is one statistic from amongst the current 2.3 million wives in India who have been abandoned by their husbands. An abandoned wife can neither separate from the husband nor remarry someone else, leading to gross violation of human rights. One can only imagine the severe loss of self-respect and social stigmas faced by them."

    "Modi had the option of going through a formal divorce within Indian Legal system but he choose to abandon his wife. Even today, his wife Jashodaben Modi continues to live alone and deserted. In an interview to NDTV, Mrs. Modi said “if he calls once, I will go with him”. Such is the desperation of abandoned wives, who even after being deserted for 43 years, hope that one day their husband will take them back and they will have a dignified life".

    DisAgree [5] Agree [5] Reply Report Abuse

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Wed, Sep 13 2017

    Where is the big hurry? Is someone waiting in the lurch to hook up?
    There can be no "cooling Off" when there is mutual consent because both know what or who is waiting. Better during that 6-month period they live apart and "cool off".

    DisAgree Agree [1] Reply Report Abuse

  • SHYAM, Secunderabad,Telangana

    Wed, Sep 13 2017

    Yes. Nothing is clear.
    it states only in exceptional cases.
    & same time.. Local courts should not mis use / hurry up.
    Once a man and a woman decide to part.. nothing brings them closer..
    may be a compromise for mutual benefit..or by arm twisting using some sections of law.
    we should wait and see section 13 (1) and 13 (b) of Hindu Marriage Act will be amended.

    DisAgree Agree [1] Reply Report Abuse

  • Jamal, Mangalore/UAE

    Wed, Sep 13 2017

    Poor Yashodaben is still waiting.

    DisAgree [18] Agree [33] Reply Report Abuse

  • sri_elder, Karkala

    Wed, Sep 13 2017

    If any husband and wife decides to live separately without any formal application to family court, then it is their wish. You have no business there!

    DisAgree [15] Agree [11] Reply Report Abuse

  • Clifford Fernandes, Toronto

    Wed, Sep 13 2017

    It is not mutual decision and it is a known ditching by Modi. Jasodaben repeatedly said in interviews so, her consent was never taken. Even she said she is prepared to live with him. Since he is PM, it is the business of citizens whether such a person deserves to be PM.

    DisAgree [8] Agree [18] Reply Report Abuse

  • sri_elder, Karkala

    Wed, Sep 13 2017

    Plz do not create some story...
    She is a educated working women...she would have approached court or spoken to elders if your version is correct..

    DisAgree [14] Agree [6] Report Abuse

  • Clifford Fernandes, Toronto

    Wed, Sep 13 2017

    She is an educated woman and that is the reason we believe what she said, just don't protect the Feku. He even kept his marital status a secret till he was told to write correctly in the affidavit.

    DisAgree [4] Agree [13] Report Abuse

  • Santan Mascarenhas, Kinnigoli/Mumbai

    Wed, Sep 13 2017

    Sri, KarkalaI

    I too have heard what she said on TV. Whatever is your view , I infer that Modi has done a very very cruel thing to her. Why she did not go to court, we do not know. No one asked the view of Modi, since they know, he cannot face on this issue.

    DisAgree [4] Agree [10] Report Abuse

  • Sachidanand Shetty, Mundkur/Dubai

    Wed, Sep 13 2017

    Just understand and learn the “Art of Living”….then divorce will not happen in anybody’s life… Infighting or misunderstanding happens in everybody’s life….but it doesn’t mean that they need to part away!!! Show the true power of love to each other…..then life will show the beauty of its own throughout your life for sure. Ek Raaz Ki Baat Hai… “Show me one such person who won the battle against his wife and in case you win but never try to show or celebrate your victory”!!!

    DisAgree [5] Agree [10] Reply Report Abuse

  • sri_elder, Karkala

    Wed, Sep 13 2017

    You make amendment after amendments...
    So where are the latest applicable rules and laws?
    States are having separate set of rules . Parliament does some constitutional amendments and president gives his signature. So where do we look for latest applicable rules in any civil case?

    DisAgree [4] Agree [6] Reply Report Abuse

  • Jeevan, Mangalore

    Wed, Sep 13 2017

    In frustration for waiting period. If evil husband kills his wife. Will Court take responsibility

    DisAgree [20] Agree [7] Reply Report Abuse

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