'Keeping Legal Bond Alive Would Snatch Away Opportunity To Lead Fulfilling Life': Delhi HC Waives Cooling Off Period For Divorce By Mutual Consent

Passing a decree of divorce by mutual consent, the Delhi High Court has waived off the six months cooling off period as stipulated under Hindu Marriage Act after observing that keeping the couple tied to a legal bond would only mean snatching away from them the opportunity to lead a fulfilling life.

A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Dinesh Kumar Sharma set aside an order passed by the Family Court wherein the second motion petition moved by the parties jointly under sec. 13B (2) of the Act was rejected on the ground that the statutory period of six months from the date when the first motion was moved, and period of 18 months from the date of separation, had not expired.

The High Court took note of the fact that both the parties were well educated and independent individuals who had mutually decided the fate of their marriage.

"They are at an age where they may start a new life if given a chance. However, keeping them tied to a legal bond would only mean snatching away from them the opportunity ever to lead a fulfilling life," the Court observed.

The parties got married on 30.11.2016 however no child was born out of wedlock. Due to disputes between the parties, they decided to part their ways and are not cohabiting as husband and wife since 02.10.2020.

The parties had also stated that all efforts of reconciliation and resolution of the differences by their family members and well-wishers had failed at multiple forums. Accordingly, realizing the agony and pain of an abusive marriage, the parties had reached an overall settlement and executed the settlement deed dated 21.10.2021, resolving all their pending disputes and claims.

Therefore, looking at the facts and circumstances, the Court set aside the impugned order and did not consider it appropriate to remand the matter back to the Family Court since the parties were separated since 02.10.2020.

"They have arrived at an overall settlement concerning all the inter se disputes and claims. The counsel also informs us that other terms and conditions of the settlement have already been adhered to. Even otherwise, 18 months from the date of separation of the parties would expire on 02.04.2022. 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 13 B of the said Act," the Court ordered.

Accordingly, the appeal was disposed of.

Case Title: x v. Y

Citation: 2022 LiveLaw (Del) 229

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