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Synopsis

The Bombay High Court has recently waived off the six-month cooling-off period and granted divorce to a couple, observing that a realistic approach needs to be adopted, keeping in mind the social conditions.

"Seeing the rapid changes in an evolving society, the judiciary would play a vital role in assisting the parties seeking the dissolution of their marriage by mutual consent. Thus, keeping in mind the changing social conditions, a realistic approach needs to be adopted," the order reads. 

A single judge bench of Justice Gauri Godse was hearing an appeal filed by a Pune-based couple against the order of the family court refusing to waive the six-month cooling-off period. 

The couple got married in 2021 and started living separately due to differences. They later filed for divorce, contending that the six-month period itself is causing mental agony.

The bench granted divorce the couple while observing that once the 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

"The newly married couple not being able to reside together, or a couple married for quite some time is unable to continue to stay together for various reasons, itself would be a mental agony. Thus, once the 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," the order reads.

The bench noted that it is the duty of the court to assist the parties by exercising the discretion to waive the cooling off period and free them from the stress of their application of divorce pending. 

Accordingly, the high court set aside the order of family court and granted divorce to the couple. 

Case title: Sneha Akshay Garg vs Akshay Sunil Garg