In a significant ruling, the Supreme Court of India has held that the mandatory six-month cooling-off period for obtaining a divorce is not applicable in cases where the marriage has irretrievably broken down, and there is no chance of reconciliation between the parties.
The ruling, which was pronounced on May 2, 2023, came in response to a batch of petitions challenging the validity of the six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act. The section mandates a waiting period of six months before the parties can file for divorce by mutual consent.
A bench comprising of Justices Sanjay Kishan Kaul and Hrishikesh Roy held that the mandatory cooling-off period was not applicable in cases where the marriage had broken down irretrievably, and the parties had already been living separately for more than 18 months.
The court observed that the mandatory cooling-off period was intended to give an opportunity to parties to reconcile and save their marriage. However, in cases where the marriage had irretrievably broken down, and there was no chance of reconciliation, the mandatory cooling-off period would only prolong the agony of the parties.
The court also clarified that the concept of irretrievable breakdown of marriage could not be equated with the ground of divorce under Section 13(1)(ia) of the Hindu Marriage Act, which deals with cruelty and mental agony.
The ruling is expected to bring relief to many couples who are stuck in unhappy marriages but are unable to obtain a divorce due to the mandatory cooling-off period. The ruling will also make it easier for couples to seek a divorce by mutual consent, especially in cases where the parties have been living separately for an extended period.
The decision has been welcomed by many legal experts and activists who have been advocating for the abolition of the mandatory cooling-off period. They believe that the mandatory waiting period only adds to the trauma of the parties and does not serve any purpose in cases where the marriage has broken down irretrievably.
In conclusion, the Supreme Court’s ruling that the six-month cooling-off period is not applicable in cases where the marriage has broken down irretrievably is a significant step towards making it easier for couples to obtain a divorce. The ruling will bring relief to many couples who are stuck in unhappy marriages and are unable to move on with their lives due to the mandatory waiting period. The ruling is also expected to have far-reaching implications on divorce laws in India.
