In a relief to the couple who want to dissolve their marriage, the Supreme Court (SC) announced to wave off six month mandatory period.
On the 1st of May, Monday, the Supreme Court bench, waived off the six months duration of wait for divorce. The decision was taken under Section 13 of the Hindu Marriage Act 1955, confirmed sources. A Constitution Bench of Justices Mr. Sanjay Kishan Kaul, Mr. Sanjiv Khanna, Mr. Abhay S. Oka, Mr. Vikram Nath and Mr. J.K. Maheshwari.
The decision was taken amid a bunch of Public Interest Litigations (PILs) filed by the couple, who want to have divorce as a quick process, without a mandatory cooling period of six months. The Apex Court bench said, “We have held that this court can dissolve the marriage on the ground of irretrievable breakdown of the marriage. We have also laid down factors which can determine when there will be an irretrievable breakdown of marriage.”
However, the wave off duration of six months is applicable only to couples seeking divorce in consent. The court further said, the marriage could be dissolved on the grounds of “irretrievable breakdown of marriage” by dispensing with the need for the waiting period as required under the marital laws, subject to conditions.
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