MUMBAI: In a landmark judgment, the Bombay High Court has held that family courts must waive the six-month ‘revenge’ period if the parties meet the requirements for granting divorce by mutual consent, mediation and conciliation efforts have failed and they have resolved issues such as alimony and custody of their children, if applicable.

A single justice, Gauri Godse, said that the family courts had to bear in mind that the waiting or resting period under Section 13B (2) of the Hindu Marriage Act, 1955, was directional and not mandatory, and the waiting period only prolongs the agony of the parties.

The tribunal added that whenever applications are made to waive the cooling-off period, family courts must ensure that the conditions imposed by Section 13B are met – the parties have lived separately for at least one year, no conciliation and settled majorly. issues like alimony and child custody – are met. “Once the judge concerned (Family Court) is satisfied with the above matters, the learned judge must exercise the discretion to waive the waiting period,” the court said.

The court was hearing a joint petition filed by a 31-year-old Andheri resident and her estranged husband from Dubai. The couple married in June 2021, but cracks soon began to develop in their relationship and the couple began living separately from May 5, 2023. After being separated for more than a year, they decided to file for a joint divorce agreement, according to the provisions. under Section 13B of the Hindu Marriage Act, 1955 and on 19 June 2024 filed for joint divorce.

Along with their petition, the couple also filed a plea seeking waiver of the six-month cooling-off period as provided under Section 13B of the Hindu Marriage Act. The section prohibits the Family Courts/Tribunals from issuing decrees of divorce by mutual consent before the expiry of six months from the filing of the joint petition.

The Bandra Family Court on 26 August 2024, however, did not entertain their plea of ​​renunciation and instead sent them for counseling and posted their joint petition for divorce by mutual consent for further consideration on November 6, 2024.

The couple then approached the high court, claiming that the couple decided to separate by mutual consent as they found themselves incompatible and unable to live together and filed for dissolution of marriage after efforts by their family members and friends to you would help him reconcile. failed.

In this context, Justice Godse dissolved the marriage after interacting with the couple and ensuring that they were well settled in their independent professions and no reconciliation was possible. The court also noted that the couple was in their thirties and there was no point in keeping the divorce petition pending as it was causing them mental agony.