Supreme Court says a six-month waiting period for Hindu couples seeking divorce is not mandatory

by National | 12-09-2017 | 285 views

Delhi : A six-month waiting period for Hindu couples seeking divorce is not mandatory, the Supreme Court said, laying down directions for lower courts to speed up separation if both spouses agree upon the terms. The decision will bring significant respite to couples who file for divorce “by mutual consent”.

The period mentioned in Section 13B (2) is not mandatory but directory, it will be open to the court to excersice its discretion in the facts and circumstance of each case where there is no possibility of parties resuming cohabilation and there are chances of alternative rehabilitation,” the bench of judges Adarsh Goel and U U Lalit said. “That an application for waiver of the six month period set out in the Hindu Marriage Act can be given a go-by if parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties, and the waiting period will only prolong their agony”.

Lets socialize : Share via Whatsapp