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Bombay HC Removes Mandatory 6 Months Cooling-Off Period for Mutual Consent Divorce

The requirements include the couple living separately for at least one year, unsuccessful mediation or conciliation efforts, and the resolution of key issues like child custody and alimony.

Bombay HC Removes Mandatory 6 Months Cooling-Off Period for Mutual Consent Divorce
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The Bombay High Court (HC) has ruled that family courts should waive the six-month cooling-off period for couples seeking divorce by mutual consent if they meet certain criteria. The presiding judge noted that the cooling-off period can extend the emotional suffering of parties involved and is not a mandatory requirement.

Justice Gauri Godse, presiding over the single-judge panel, said that this waiting period, outlined in Section 13B(2) of the Hindu Marriage Act, 1955, is intended only as a guideline. Justice Godse stated that family courts must consider each case individually and make sure that specific conditions are met before waiving the cooling-off period.

The requirements include the couple living separately for at least one year, unsuccessful mediation or conciliation efforts, and the resolution of key issues like child custody and alimony. Once these conditions are satisfied, family courts may exercise their discretion to waive the waiting period.

The case under review involved a 31-year-old woman from Andheri and her estranged husband, a resident of Dubai. After marrying in June 2021, their relationship soon began to deteriorate, leading them to live separately starting on May 5, 2023. The couple filed for a mutual consent divorce on June 19, 2024, after spending more than a year apart. Along with their petition, they requested a waiver of the six-month cooling-off period.

However, on August 26, 2024, the Bandra Family Court rejected their waiver request and directed them to attend counseling. On November 6, 2024, the couple submitted a fresh joint petition for additional review. They turned to the Bombay High Court, asserting that they were mutually incompatible and had exhausted all efforts at reconciliation through friends and family.

After personally speaking with the couple, Justice Godse determined that there was no chance of reconciliation. Both individuals had established themselves in separate careers, and their mutual decision to part ways was deemed final. 

The court acknowledged that both parties were in their thirties and experiencing mental stress due to the ongoing case. Justice Godse concluded that keeping the divorce suit open served no purpose and, therefore, ended the marriage by mutual consent.

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