Bombay High Court Waives 6-Month Cooling-Off Period In Divorce Case, Cites Evolving Social Conditions

Mumbai: The Bombay High Court has waived the mandatory six months cooling off period while granting divorce to a couple. The court noted that with a change in social conditions and a rapidly evolving society, there is a need to adopt a realistic approach.

The court noted that waiting period is a “precautionary provision to avoid any injustice to any party and rule out the possibility of reconciliation”. It added that once the court is satisfied that the parties have taken a conscious decision to separate, with no possibility of reconciliation, the court should adopt a realistic approach and exercise the discretion to waive the waiting period.

The court allowed a plea by a Pune-based couple seeking divorce on grounds of mutual consent and also for the six-month waiting period to be waived.

While granting divorce, the high court remarked that the purpose of the waiting period needs to be correctly understood while deciding the application for a waiver.

“Seeing the rapid changes in an evolving society, the judiciary would play a vital role in assisting the parties seeking the dissolution of their marriage by mutual consent. Thus, keeping in mind the changing social conditions, a realistic approach needs to be adopted,” Justice Gauri Godse said on July 25. The order copy was made available on Tuesday. 

The judge said it comes across cases where the estranged continue to fight and 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,” Justice Godse added. In cases where the pirates for divorce by mutual consent, they have taken a conscious decision to separate and thus have shown a reasonable approach. 

In the present case, the petitioners are young and keeping their divorce plea pending would cause mental agony. “The newly married couple not being able to reside together, or a couple married for quite some time is unable to continue to stay together for various reasons, itself would be a mental agony,” the court said. 

The court underscored that, “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 couple contended that despite several attempts, reconciliation was not possible, hence they decided to separate, the court noted. 

The couple married in 2021 and started residing separately after a year due to irreparable differences. They approached the family court at Pune for divorce by mutual consent and waiver of six months cooling period, which was turned down. Hence, they approached the HC.