SC waives mandatory 6-month cooling-off period for divorce

CJI SC Home secretary

New Delhi, October 1: The Supreme Court has allowed a couple to part ways after waiving the mandatory cooling-off period for divorce.

Using its extra-ordinary power under Article 142 of the Constitution, the apex court Bench, comprising Justices Kurian Joseph and S K Kaul, said they were convinced that the couple have taken a “conscious decision to part as friends” and dissolved the marriage.

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The Article 142 of the Constitution deals with the Supreme Court’s power to exercise its jurisdiction and pass order as is necessary for doing complete justice in any cause or matter pending before it.

“Both, the husband and the wife are present before us, who are well educated. We had a long interaction with them. We are convinced that they have taken a conscious decision to part as friends. Having regard to the background of the litigations between the parties, we are convinced that there is no point in requiring the parties to wait for another six months,” the court said.

The court noted that during the pendency of the transfer petition, the couple had reached an amicable settlement.

The top court also considered the fact that the man has handed over a Demand Draft for a sum of Rs 12,50,000 to the woman, which she has duly acknowledged.

The couple got married in Delhi in 2016 and stayed together for a month. After disputes, they got separated and the man filed a divorce petition.

The woman had also filed a complaint against him at Anand in Gujarat in December 2017. She moved a transfer petition in the apex court through senior advocate Rakesh K Khanna and advocate Dushyant Parashar.

The top court took note of the terms of settlement and said the marriage has been dissolved by a decree of divorce by mutual consent.

Source Tribune India

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