1Waiving of the waiting period of statuary period of one year is possible now according to the latest judgement
In the observation of
Justice Sureshwar Thakur and Justice Sudeepti Sharma
The Punjab and Haryana High Court ruled that Family Courts cannot force couples seeking a mutual divorce to live together or restrict their right to remarry. The case involved a couple married for only three days who requested a mutual divorce and a waiver of the mandatory one-year waiting period under Section 14 of the Hindu Marriage Act. The Family Court had denied their request, citing the possibility of reconciliation. However, the High Court overturned this decision, noting that the couple had resolved their issues, provided no evidence of fraud, and had no children. The Court directed the Family Court to proceed with the divorce and consider waiving the six-month waiting period under Section 13-B.
Bombay High Court Waives Six-Month Cooling Period in Mutual Divorce Cases
If you or someone you know is going through a mutual divorce and facing the stress of the mandatory six-month cooling-off period, the Bombay High Court has provided relief. Recently, the Court held that this period can be waived if both the husband and wife have mutually agreed to part ways and there’s no chance of reconciliation.
In a landmark judgment, Justice Gauri Godse emphasized that forcing couples to wait unnecessarily causes mental agony. If the couple has made a conscious decision to separate, prolonging the divorce process only adds to their emotional burden.
Key takeaways for couples seeking divorce:
- If both parties agree, the six-month period can be waived.
- The Court acknowledges the emotional stress caused by delaying the process.
- When reconciliation isn’t possible, the Court can fast-track the process.
In a recent case, the Court dissolved a marriage where both partners agreed to divorce but were subjected to the cooling-off period. The couple was unable to reconcile despite multiple efforts and emphasized that the pending litigation caused them additional stress.
If you find yourself in a similar situation, don’t hesitate to request a waiver for the cooling-off period in your divorce proceedings. The Court is there to assist you in moving forward with your life. This decision reflects the Court’s evolving understanding of marital issues and prioritizes the emotional well-being of the parties involved.
This ruling is a positive step toward faster and less stressful mutual divorces.
Case Title: Sneha Akshay Garg & Anr. v. Nil
Cheques
A Legal Reminder
If you’re involved in a cheque dispute, remember these key points:
Evidence is crucial:
Always gather and preserve evidence to support your claims.
Clarity is key: Be clear about the terms of the loan, including the amount, interest rate, and repayment schedule.
Documentation matters:
Have written agreements or acknowledgements in place to avoid misunderstandings.
Presumption of innocence:
In court, the accused is presumed innocent until proven guilty. The burden of proof lies on the complainant.
Lower court decisions matter
If a lower court has already ruled in your favor, it’s unlikely that a higher court will overturn the decision.
By understanding these legal principles, you can protect yourself in cheque-related disputes.