"Pendency Of Divorce Petition Is Causing Mental Agony": Bombay HC Dissolves Marriage Waiving Off Six-Month Cooling-Off Period

The Court explained that it was the duty of a 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 had initially filed a petition for the waiver under Section 13B of the Hindu Marriage Act (HMA) before the Family Court, which was rejected, following which they challenged the same before the High Court.

A Single Bench of Justice Gauri Godse observed, “I am satisfied that the pendency of the petition is causing mental agony and that there is no point in keeping the marriage petition pending. In view of the aforesaid, I am also satisfied that there is no possibility of any reconciliation. Thus, to avoid any further loss of time, I am not inclined to relegate the parties to the Family Court for passing the order on the main application under section 13–B(1) of the said Act.”

Advocate Narayan Rokade appeared for the petitioners.

The High Court reiterated the guiding principles from the Supreme Court's decision in Amardeep Singh v. Harveen Kaur (2017) wherein it was held that the object of the waiting period was to prevent hurried decisions and to provide a safeguard if there was a possibility of reconciliation.

However, it was clarified that when the parties had made a conscious and mutual decision to separate, and all efforts for mediation failed, the Court should adopt a realistic approach and waive the waiting period.

The Court noted that the wife had confirmed that as per the mutual agreement between the parties, she had received a lumpsum amount towards permanent alimony. The parties had submitted that they had no claim or any grievance against each other, and therefore, the order for dissolution of their marriage should be passed.

The Court further noted that when the parties applied for divorce by mutual consent, they took a conscious decision to separate and thus showed a reasonable approach. “Such a decision shows that they have decided to move ahead, and thus, there is every chance of rehabilitation,” the Court explained.

The Bench considered that both the parties were independently well-settled in their profession and were unable to reconcile and had, therefore, decided to separate. The Court observed that the pendency of the petition was causing mental agony to the parties and there was no point in keeping the marriage petition pending.

Consequently, the Court quashed the impugned order passed by the Family Court and allowed the application for waiving off the six-month period under Section 13B(2) of the HMA. The Bench also dissolved the marriage between the parties

Accordingly, the High Court allowed the petition.

Cause Title: S & Anr. v. Nil (Neutral Citation: 2024:BHC-AS:31047)

Appearance:

Petitioners: Advocates Narayan Rokade, Siddharth Agrawal, Udaysinh Deshmukh and Abhang Suryawanshi

Click here to read/download the Judgment