Madras High Court Waives Mandatory Waiting Period for Mutual Consent Divorce

Court Directs Family Court to Expedite Divorce Proceedings Citing Irreconcilable Differences

In a significant judgment passed by the Madras High Court, Justice P.B. Balaji has waived the mandatory waiting period for mutual consent divorce under Section 10A of the Indian Divorce Act, 1869. This decision came in response to a petition filed by Shivkarthik G.S and his spouse, who sought relief from the compulsory one-year separation period before their divorce proceedings could be initiated.

The petitioners, represented by advocate Mr. G.R. Deepak, presented their case based on irreconcilable differences and the distressing nature of their relationship, asserting that prolonging the mandatory waiting period would only exacerbate their agony. The Family Court, Coimbatore, had earlier returned their petition, insisting on adherence to the one-year separation requirement stipulated under the Act.

Drawing on precedents from the Kerala High Court and the Supreme Court of India, the Madras High Court noted the unconstitutionality of enforcing such waiting periods when circumstances warrant immediate intervention. The Kerala High Court had previously struck down the mandatory waiting period as unconstitutional, and the Supreme Court had observed that similar cooling-off periods under other marriage laws could be waived.

Justice Balaji emphasized that the waiting period serves primarily to allow couples to reconsider their decision to separate. However, when both parties affirm their decision to divorce, as in the present case, enforcing this period may be unnecessary and burdensome. The court found persuasive value in these judgments and determined that the Family Court has the discretion to waive the mandatory waiting period.

In light of the Supreme Court's decision in Shilpa Sailesh v. Varun Sreenivasan, which allowed for the waiver of the six-month cooling-off period under the Hindu Marriage Act, Justice Balaji directed the Family Court, Coimbatore, to process the divorce petition without insisting on the completion of the mandatory waiting period.

This landmark ruling underscores the judiciary's role in ensuring that legal provisions do not impede the rights and well-being of individuals seeking divorce under mutually agreed circumstances. The Madras High Court’s decision is poised to influence similar cases where the mandatory waiting period may not serve the best interests of the parties involved.

Bottom Line:

Mandatory waiting period for filing mutual consent divorce under Section 10A of the Indian Divorce Act can be waived by the Family Court if circumstances justify such waiver, considering judgments by the Kerala High Court and Supreme Court. 

Statutory provision(s): Indian Divorce Act, 1869 Section 10A

Shivkarthik G.S v. Nil, (Madras) : Law Finder Doc Id # 2782690