6 months waiting period in mutual divorce can be waived off: SC
In order to give the complete justice the Supreme Court today in exercise of its powers under Article 142 of the Constitution of India has waived off the statuary period of 6 months by granting the decree of divorce by mutual consent to a couple.
The wife Aditi Wadera and husband Vivek Kumar Varinder Wadera were present in court and stated that several criminal cases are pending against each other and now the parties have entered into the compromise through mediation. The Supreme Court disposed off all the criminal as well as civil cases pending against each other in various courts.
Both the husband and wife stated before the Supreme Court that both as lived together for only few days in the year 2010. Now both have parties have taken the conscious decision without any sort of pressure to put an end to all the pending. They have also filed joint petition for mutual divorce under Section 13-B of Hindu Marriage Act before the District Court.
The Hon’ble Supreme Court speaking through Justices Kurian Joseph and RF Nariman considered the kind of several litigation’s pending between the parties over a period of five years at various levels, the both husband and wife living separately for more than five years etc. The husband submitted that he has to go back to USA to do his work and the wife also submitted that she has to take care of her future.
The Supreme Court held that it’s a vigorous case where the statutory period of 6 months waiting can be waived off to grant the decree of divorce by mutual consent by invoking powers under Article 142 of the Constitution of India.
Saurav Goyal, divorce lawyer in Chandigarh welcomed the judgment of the Supreme Court and said that three months ago also, in some other case the same bench has also waived off the statutory waiting period of 6 months and has granted the decree of divorce.
Yogesh Goel the top family and matrimonial lawyer in Punjab & Haryana High Court said that though there is the mandatory 6 months waiting period required under Hindu Marriage Act and no Court can grant the mutual divorce before 6 months but this judgment will certainly evolve the law on this subject in the future.
Gaurav Goel is a lawyer at Punjab & Haryana High Court and is the President of Progressive Lawyers Forum of Punjab & Haryana High Court.