Supreme Court on divorce: 6-month waiting period after one year separation not mandatory.
New Delhi:
Ruling that it is pointless to "perpetuate a purposeless marriage and to prolong the agony of the parties", the Supreme Court today made a big change to the rules for Hindu couples looking to divorce.
The top court said, it will be upto individual judges to decide if a mandatory six-month wait can be waived for couples who agree that they want out.
Currently, under the Hindu Marriage Act, after a couple files for divorce claiming mutual consent, it has to wait for 18 months to actually get the divorce: 12 months of separation have to be established, followed by a six-month "cooling off" period that is intended to allow for reconciliation.
"Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option," the Supreme Court said, adding that the six-month waiver should apply where the couple has settled differences including alimony and child custody.
Today's verdict was in response to a Delhi couple who asked for the six-month waiting period to be waived because they had been living separately for eight years and were confident that they would not reconcile.
The top court said, it will be upto individual judges to decide if a mandatory six-month wait can be waived for couples who agree that they want out.
Currently, under the Hindu Marriage Act, after a couple files for divorce claiming mutual consent, it has to wait for 18 months to actually get the divorce: 12 months of separation have to be established, followed by a six-month "cooling off" period that is intended to allow for reconciliation.
"Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option," the Supreme Court said, adding that the six-month waiver should apply where the couple has settled differences including alimony and child custody.
Today's verdict was in response to a Delhi couple who asked for the six-month waiting period to be waived because they had been living separately for eight years and were confident that they would not reconcile.
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