"Conscious Decision", Will Concentrate On Career: Karnataka High Court Waives 1-Yr Cooling Off Period For Mutual Divorce Under Special Marriage Act

The Karnataka High Court has allowed a petition filed by an estranged couple and waived off the statutory cooling period of one year before deciding on the petition for divorce by mutual consent, under the Special Marriage Act.

A division bench of Justice G Narendar and Justice Vijaykumar A Patil allowed the petition filed by the couple and set aside the order of the family court which dismissed their application under Section 28(2) of the Act. The bench said,

“The parties to the proceedings are between the age group of 32 to 37 years and they have specifically averred that they intend to concentrate on their career and decided to move on in their respective life. The said decision of the appellants is a conscious decision and the parties are quite mature about the consequences of the said decision. In the facts and circumstances narrated above, this Court is of the considered view that the possibilities of reconciliation between the appellants are bleak.”

Questioning the family court order the petitioners argued that the parties and their respective family members have tried their best to resolve the dispute amicably and tried to unite the appellants, however, their relationship has become strange and they have decided to live separately. It was further submitted that both the appellants, after detailed discussion with their parents and well-wishers, have come to the conclusion that there is no compatibility between them and they have decided to concentrate on their career.

The bench placed reliance on the Supreme Court judgment in the case of Amardeep Singh vs. Harveen Kaur reported in (2017) and observed,

“The very object of providing cooling period for filing of the petition and further period of six months from the date of filing the petition is with an object to see that the parties to the proceeding can change their mind and resolve their differences, if after a period of six months, the parties decide to go ahead with divorce, make a motion before the jurisdictional Court so that it can consider the case on its merits.”

Further it said “The Hon'ble Supreme Court has clearly held that the period mentioned in the statute is not mandatory but it is a directory in nature, however, the Courts while exercising the discretion is required to look into the facts and circumstances of each case as to whether the parties to the proceedings are likely to reunite and resume the cohabitation or in the alternate proceed to consider the case on its merits.”

Court noted that both the appellants are Engineering Graduates and working in private companies at Bengaluru. It also said their pleadings made it clear that they have realised that their personality differences and strong likes and dislikes, despite making best efforts to reconcile.

"They have decided to part away from the institution of marriage without making any allegation or claims against each other. Hence, it would be appropriate to exercise discretion for waiving off the cooling period by permitting the appellants to move the petition for dissolution of marriage by mutual consent. In view of the above, it would not be appropriate for the parties to wait unnecessarily for a further period. Any further period would only add to their agony,” Court held.

Thus Court found it appropriate to waive off the statutory period by directing the Family Court to consider the case of the appellants for dissolution of marriage by mutual consent on its merits and in accordance with law..

Case Title: XYZ & ANR AND NIL

Case No: MISCELLANEOUS FIRST APPEAL NO.3125 OF 2023

Citation: 2023 LiveLaw (Kar) 346

Date of Order: 10-08-2023

Appearance: Advocate Vardhaman V Gunjal for Petiioners.

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