Mitali Palnitkar
Published on: March 23, 2022 at 17:12 IST
While passing a Decree of Divorce by Mutual Consent, the Delhi High Court waived off the 6 months cooling off period as stipulated under the Hindu Marriage Act, 1955.
The Division Bench comprised Acting Chief Justice Vipin Sanghi and Justice Dinesh Kumar Sharma. It observed that keeping the couple tied to a Legal Bond would not give them the opportunity to lead a fulfilling life.
The Bench set aside a Family Court Order, wherein the second motion Petition moved under Section 13B (2) of the Act by the parties was Rejected Citing that the statutory period of 6 months from when the first motion was moved, and a period of 18 months from Date of Separation, had not Expired.
The High Court noted that both the parties were independent and well-educated, who mutually decided to get Divorced.
The parties got married in 2016 but decided to part ways due to Disputes. They are not Cohabiting as husband and wife since October 2, 2020.
The parties had also stated that the efforts for Reconciliation and Resolution of Differences had failed at Multiple Forums. On realizing the Agony of an Abusive Marriage, they reached a Settlement and executed a Settlement Deed dated October 21, 2021 for resolving their Pending Disputes and Claims.
The Court was informed by the Counsel that the terms and conditions of the Settlement had been Adhered to by the parties.
Also, the 18 months period from the Date of Separation would expire on April 2, 2022. Thus, the Court considered the fact that not even one month was left for the Expiry.
The Court stated, “Considering the Fact that not even a month is left for that date to arrive, we, accordingly, allow the same and pass a Decree of Divorce by Mutual Consent of the parties under Section 13B of the Hindu Marriage Act, 1955 after Waiving the Statutory Period under Section 13B of the said Act.”
Therefore, the Court set aside the Impugned Order. On observing that the parties were separated in October 2020, the Court did not remand the matter back to the Family Court.
Accordingly, the Court disposed of the Appeal.
Also Read: Court grants Divorce to couple within 14 days of filing Petition