The Karnataka High Court has recently allowed a petition filed by an estranged couple and waived off the statutory cooling period before making any decision on the petition for a mutual consent divorce under the Special Marriage Act.
A division bench of Justices G Narendar and Vijaykumar A Patil allowed the petition filed by the couple and subsided the family court order dismissing their application under Section 28(2) of the Act. The bench stated,
“The parties to the proceedings are between the age group of 32 to 37 years and they have specifically averred that they intend to concentrate on their career and decided to move on in their respective life. The said decision of the appellants is a conscious decision and the parties are quite mature about the consequences of the said decision. In the facts and circumstances narrated above, this Court is of the considered view that the possibilities of reconciliation between the appellants are bleak.”
Raising a question on the family court order the petitioners argued that the parties and their family members have made their best efforts to resolve the dispute amicably and also tried to unite the appellants, however, their relationship has turned worse and thus they have decided to part ways. It was further submitted that both the appellants, after detailed discussion with their parents and well-wishers, have reached to the conclusion that there is no compatibility between the couple and they have decided to move on and concentrate wholly on their career.
The bench relied on the Supreme Court judgment in the case of Amardeep Singh vs. Harveen Kaur reported in 2017 and also observed,
“The very object of providing cooling period for filing of the petition and further period of six months from the date of filing the petition is with an object to see that the parties to the proceeding can change their mind and resolve their differences, if after a period of six months, the parties decide to go ahead with divorce, make a motion before the jurisdictional Court so that it can consider the case on its merits.”
It also further stated, “The Hon’ble Supreme Court has clearly held that the period mentioned in the statute is not mandatory but it is a directory in nature, however, the Courts while exercising the discretion is required to look into the facts and circumstances of each case as to whether the parties to the proceedings are likely to reunite and resume the cohabitation or in the alternate proceed to consider the case on its merits.”
The bench also noted that both the appellants are Engineering Graduates and employed in private firms in Bengaluru. It also said their pleadings made it clear that they have not only differences of personalities but also likes and dislikes, even after making their best efforts for reconciliation.
“They have decided to part away from the institution of marriage without making any allegation or claims against each other. Hence, it would be appropriate to exercise discretion for waiving off the cooling period by permitting the appellants to move the petition for dissolution of marriage by mutual consent. In view of the above, it would not be appropriate for the parties to wait unnecessarily for a further period. Any further period would only add to their agony.” the Court held.
Subsequently, the Court found it better to waive off the statutory period by ordering the Family Court to consider the case for dissolution of their marriage by mutual consent based on its merits and by law.
News Source: https://www.livelaw.in/high-court/karnataka-high-court/karnataka-high-court-waives-cooling-off-period-divorce-mutual-consent-special-marriage-act-237098
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