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The Supreme Court bench, comprising of Justice Kurian Joseph and Justice Sanjay Kishan Kaul, waived the cooling-off period and granted divorce to a couple who agreed to part as friends. The bench was convinced that the couple has taken a conscious decision to part as friends and thus, waived off the period between first motion and the second motion the required the parties to wait for another six months.
This order has been made in a transfer petition, preferred by the wife, who sought transfer of case from New Delhi court to Gujarat court. The couple arrived at a settlement while the petition was pending before the SC and the court quashed all the cases against the husband, as per the settlement.
A year ago, in a judgment delivered by a two-judge bench of Supreme Court, comprising Justices AK Goel and UU Lalit,it was held that the 6-month waiting period prescribed under Section 13B(2) of the Hindu Marriage Act for divorce by mutual consent is not mandatory and may be waived off under certain circumstances.
It was held that in instances where the court is dealing with a matter that satisfies the waiverof statutory period under Section 13B(2), it can do so after considering the following:
The waiting period will only prolong add to their agony.
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