This Article is From May 01, 2023

Supreme Court's Top Quotes On Cooling Off Period For Divorce

The Supreme Court said the "cooling off" period of six months can be dispensed with as the object of the time gap is not to stretch the already disintegrated marriage.

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The Supreme Court also laid out how to balance out equities.

The Supreme Court today ruled it can dissolve a marriage on the ground of "irretrievable breakdown" by exercising a special power. Using the power, the court can grant a divorce by mutual consent while dispensing with the six-month waiting period.

Here are the top quotes of the Supreme Court:

  1. A grant of divorce on the ground of irretrievable breakdown of marriage is not a matter of right, but a discretion which is to be exercised with great care and caution.

  2. The "cooling off" period of six months can be dispensed with as the object of the time gap is not to stretch the already disintegrated marriage.

  3. This discretionary power is to be exercised to do 'complete justice' to the parties, wherein the court is satisfied that the facts show that the marriage has completely failed.

  4. It can depart from the procedure as well as the substantive laws, as long as the decision is exercised based on considerations of fundamental general and specific public policy.

  5. The bench also laid out how to balance out equities. We have laid out the factors for this, specifically with regards to maintenance and rights of the children, it said.

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