Be realistic, waive ‘cooling off’ period: HC to family court

MUMBAI: The Bombay high court has said that the family courts should adopt a realistic approach and exercise discretion to waive the six-month waiting period, also termed as the ‘cooling off period’ once it is satisfied that the parties have taken a conscious decision to separate and move ahead. The court said this in response to a petition filed by a divorce-seeking couple whose plea for waving off the cooling period was turned down by the family court in Pune.
“When the parties apply for divorce by mutual consent, they have taken a conscious decision to separate and, thus, have shown a reasonable approach. Such a decision shows that they have decided to move ahead, and, thus, there is every chance of rehabilitation,” said the single judge bench of justice Gauri Godse.
“Once the (Family) Court is satisfied that the parties have taken a conscious decision to separate and move ahead and that there is no possibility of reconciliation, the Court should adopt a realistic approach and exercise the discretion to waive the waiting period,” Justice Godse added, while dissolving marriage of a Pune-based couple, who had married in May 2021 and had sought divorce by mutual consent.
Due to differences, the Pune-based couple was living separately since October 2022 and eventually decided to go for divorce by mutual consent, as provided under Section 13-B of the Hindu Marriage Act, 1955.
They filed a joint petition for divorce on March 20 this year and applied to the court for waiving the compulsory six-month waiting period or cooling off period, but the family court in Pune rejected their plea on June 4, observing that merely because the parties were residing separately for the last 22 months, the statutory waiting period cannot be waived.
The family court said that unless there is a ground to waive the statutory waiting period, the discretion cannot be exercised only because the parties are willing to dissolve their marriage by mutual consent.
The couple then approached the high court where justice Godse accepted their plea, waived the cooling off period, and dissolved their marriage. “It is the duty of the (Family) Court to assist the parties by exercising the discretion to waive the cooling off period and free them from the stress of their application for divorce remaining pending,” said the judge.
The high court took into consideration that the spouses were well settled in their respective professions and the pendency of the petition was causing mental agony to them and, therefore, they had requested for waiving the cooling off period.