6-month cooling period for divorce not mandatory, says SC
There is good news for estranged couples as the Supreme Court laid down that the minimum gap of six months for granting a divorce under the Hindu marriage could get waived off. This would be exercised where there is no "possibility of cohabitation" between the married couple. SC said this period is not "mandatory but directory" and will depend on the discretion of the court.
Couples can seek divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. To file for a divorce, the parties need to show that they've been living separately for a year. Post-filing for divorce, the court adjourns the case for 6 months. It's only after this 6-month cooling period the decree of the divorce is granted, after the second motion.
The 6 month period is provided with the intention to give the estranged couple time to reconcile. However, if this isn't possible, it can only be waived off by the SC. Under Article 142, the SC can invoke the "doctrine of irretrievable breakdown of marriage". The high courts and civil courts do not have the power to waive this off.
In 2014, in order to make divorce laws more women friendly, the law ministry circulated a draft on Marriage Laws (amendment) Bill. It sought to get the 6 months cooling off period waived off if the marriage breakdown was irretrievable.
Under the provisions of Article 142, SC can waive off the cooling-period in divorce cases. However, between 1996 and 2010, several SC benches have had dissenting views on this subject. The SC appointed 4 advisors for this and wanted to know if this should be done on a case-to-case basis. It also wanted to lay down the parameters when 'irretrievable breakdown' should be exercised.
