Keeping Mutual Divorce Proceedings Pending Causes Mental Agony: Bombay High Court Waives 6 Months Cooling Period, Dissolves Marriage

A newly married couple, unable to reside together for various reasons, itself is mental agony, said the Bombay High Court recently, while holding that in cases where the wife and husband have agreed to mutual divorce and there being no scope for reconciliation, the mandatory six months cooling off period can be waived off.

Single-judge Justice Gauri Godse dissolved a marriage between a couple after noting that the couple despite filing divorce by mutual consent, was compelled to undergo the mental agony of keeping the proceedings pending for further six months due to the cooling off period.

"Normally, we come across cases where parties continue to fight, though there is no possibility of reconciliation. In such cases, the parties are encouraged to explore the possibility of an amicable settlement and are even referred for mediation so that they can put an end to the litigation. However, when the parties apply for divorce by mutual consent, they have taken a conscious decision to separate and thus have shown a reasonable approach. Such a decision shows that they have decided to move ahead, and thus, there is every chance of rehabilitation," Justice Godse said in her July 25 order.

The judge, further observed, "The newly married couple not being able to reside together, or a couple married for quite some time is unable to continue to stay together for various reasons, itself would be a mental agony."

Thus, once the Court is satisfied that the parties have taken a conscious decision to separate and move ahead and that there is no possibility of reconciliation, the Court should adopt a realistic approach and exercise the discretion to waive the waiting period, the judge said.

"Hence, it is the duty of the Court to assist the parties by exercising the discretion to waive the cooling off period and free them from the stress of their application for divorce remaining pending," the bench underlined.

The bench was dealing with a petition filed by a husband and a wife, both seeking to waive the six months cooling off period as they contended that the said period was causing mental agony to them as they have already decided to part ways and yet the litigation has been kept pending by the Family Court in Pune.

The bench, interacted with the estranged couple and upon making a specific query with regard to the possibility of reconciliation, both of them reiterated that they are unable to sort out their differences and have made a conscious decision to separate.

"They further submitted that in spite of making several efforts, they were unable to reconcile their differences and would not be able to stay together. The petitioners further inform that they both are well settled in their independent professions, and the pendency of the petition is causing mental agony. Hence, they request that the cooling off period be waived and an order for dissolution of their marriage be also passed by this Court," the judge noted.

The bench, therefore, dissolved the marriage and ordered the Family Court to pass a decree.

Case Title: Sneha Akshay Garg & Anr. v. Nil

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