SC Waives 6-month Waiting Period for Divorce

New Delhi: The Supreme Court allowed an estranged couple’s plea for divorce by mutual consent by waiving the waiting period of six months, exercising its powers under the Constitution to do complete justice.

A bench of justices Kurian Joseph and Rohinton Fali Nariman granted the relief to the couple after taking into consideration their several years of litigation, separation after a few days of marriage, and both parties’ desire to move on with life. The bench also noted that they had amicably settled their disputes and the monetary part of the settlement had been complied with, and all that remained were the criminal cases against each other and the plea for divorce by mutual consent.

The Court noted that the couple had amicably settled their disputes and the monetary part of the settlement had been complied with.

Taking on record the submissions made by the parties that they have to move on with their respective lives, the bench said, “We are of the view that it is a fit case to invoke our jurisdiction under Article 142 of the Constitution of India and grant a decree of divorce by mutual consent by waiving the statutory period of waiting.” The bench was also of the view that since the parties had settled their disputes amicably, the interest of justice would be met, in case, the whole disputes are also finally settled and quashed the criminal cases the couple had lodged against each other and their respective family members.

The couple had submitted before the court that they had lived as husband and wife only for a few days in 2010 when they were married and that they have exercised their free will and have taken a conscious decision to part and put an end to all other litigation as well.

PTI