Bombay High Court waives cooling off period for estranged couple, says realistic approach needed

Change in social conditions and a rapidly evolving society require a realistic approach to be adopted, the Bombay High Court has said while granting divorce to a couple and waiving the mandatory six months cooling off period.

Change in social conditions and a rapidly evolving society require a realistic approach to be adopted, the Bombay High Court has said while granting divorce to a couple and waiving the mandatory six months cooling off period.

A single bench of Justice Gauri Godse, in the judgment on July 25, said the waiting period is a "precautionary provision to avoid any injustice to any party and rule out the possibility of reconciliation".

Once the court is satisfied that the parties have taken a conscious decision to separate and move ahead and there is no possibility of reconciliation, the court should adopt a realistic approach and exercise the discretion to waive the waiting period, Justice Godse said.

A copy of the order was made available on August 6.

The court granted a decree of dissolution of the marriage of the Pune-based couple who had sought divorce on grounds of mutual consent and also for the six-month waiting period to be waived.

The purpose of the waiting period needs to be correctly understood while deciding the application for a waiver, Justice Godse noted.

“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 HC said.