Couples, who have filed for divorce by mutual consent, will have to wait for a minimum of six months before they can part ways. The Bombay high court on Thursday upheld the minimum six-month waiting period for couples seeking a divorce on grounds of mutual consent.
Under the Hindu Marriage (HM) Act, a couple can file a mutual consent divorce petition in a family court after living apart for a year. Once the petition has been filed, the second hearing is held only after six months. The waiting period can be extended up to 18 months.
This waiting period, Chief Justice Swatanter Kumar and Justice VM Kanade held, “Is obviously intended to give opportunity to parties to reflect on their move and seek advice from relations (sic) and friends.” The judges added, “In this transitional period one of the parties may have second thoughts and change their mind not to proceed with the petition.”
The issue - whether courts are empowered to waive the minimum six-month waiting period stipulated by section 13B (2) of the HM Act - was referred to the HC by the principal judge of the Nagpur family court. A Nagpur couple, which filed a divorce petition in September 2007, had moved an application to condone the six-month wait. The matter was referred to the HC as there were two contrary judgments by two judges. While one held that the six-month period was necessary, the other waived it stating, “A broken iron can be joined but not broken hearts.”
Noting that the legislature had not provided any power to relax the waiting period, the HC held on Thursday, “It would not only be unjust but would be impermissible on accepted norms of statutory interpretation that this period of six months is treated as optional, condonable or could be waived at the request of the parties.”
The court held, “No prejudice can be caused to parties by merely waiting for a short period of six months before they take a vital and pertinent decision in regard to their marriage which is a social sacrament coupled with civil rights and obligations and which was entered into willingly and happily.”
m_anshika@dnaindia.net
