Mumbai: In a first, six-month divorce "cooling off" period waived
More than two months after the SC eased mutual consent divorce, a woman fighting cancer has become the first beneficiary of the new law in Mumbai. The couple, married in 1987, has been estranged for almost a decade. The husband lives abroad. The woman said she didn't want to add to her pains by prolonging the wait for a decision in a "dead marriage".
Why a six-month waiting period?
Under Hindu marriage laws, couples seeking divorce need to have been living separately for a year. Earlier, when they applied for divorce, courts would adjourn the case for six months. This "cooling off" period is provided to give the estranged couple time to reconcile. In 2014, the law ministry circulated a draft law to waive the six-month period if the marriage breakdown was irretrievable.
SC decision on 'cooling off' period directory, not mandatory
In September, the SC ruled that the six-month period could be waived when there is no "possibility of cohabitation" between the married couple. It clarified this wasn't "mandatory, but directory" and will depend on the discretion of the court.
This case could pave the way for more deserving cases
In this case, the woman had been undergoing treatment in Mumbai since last month. Having to wait for months before a divorce is finalized will only prolong her trauma, she said. The court concurred, noting it "can be inferred to be a fit case to waive the statutory six-month period". Many felt this order would pave the way for more such deserving cases.
